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MESSAGE 






PEESIDENT OF THE UNITED STATES 



ACCOMPANYING DOCUMENTS. 



THE DEPARTMENT OF STATE. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1861. 



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MESSAGE. 



Felloiv- citizens of the Senate and House of Representatives : 

In the midst of unprecedented political troubles, we have cause of 
great gratitude to God for unusual good health, and most abundant 
harvests. 

You will not be surprised to learn that, in the peculiar exigencies 
of the times, our intercourse with foreign nations has been attended 
with profound solicitude, chiefly turning upon our own domestic 
affairs. 

A disloyal portion of the American people have, during the whole 
year, been engaged in an attempt to divide and destroy the Union 
A nation which endures factious domestic division, is exposed to dis- 
respect abroad; and one party, if not both, is sure, sooner or later, 
to invoke foreign intervention. 

Nations thus tempted to interfere, are not always able to resist the 
counsels of seeming expediency and ungenerous ambition, although 
measures adopted under such influences seldom fail to be unfortunate 
and injurious to those adopting them. 

The disloyal citizens of the United States who have offered the ruin 
of our country, in return for the aid and comfort which they have in^ 
voked abroad, have received less patronage and encouragement thaui 
they probably expected. If it were just to suppose, as the insurgent* 
have seemed to assume, that foreign nations, in this case, discardinj^' 
all moral, social, and treaty obligations, would act solely, and self- 
ishly, for the most speedy restoration of commerce, including, espe- 
cially, the acquisition of cotton, those nations appear, as yet, not to 
have seen their way to their object more directly, or clearly, through 
the destruction, than through the preservation, of the Union. If we 
could dare to believe that foreign nations are actuated by no highei 
principle than this, I am quite sure a sound argument could be made 
to show them that they can reach their aim more readily, and easily, 
by aiding to crush this rebellion, than by giving encouragement to it 
The principal lever relied on by the insurgents for exciting foreigji 



4 ANNUAL MESSAGE OF THE PRESIDENT. 

nations to hostility against us, as already intimated, is the embarrass- 
ment of commerce. Those nations, hoAvever, not improbably, saw 
from the first, that it was the Union which made, as well our foreign, 
as our domestic commerce. They can scarcely have failed to per- 
ceive that the effort for disunion produces the existing difficulty ; and 
that one strong nation promises more durable peace, and a more ex- 
tensive, valuable and reliable commerce, than can the same nation 
broken into hostile fragments. 

It is not my purpose to review our discussions with foreign states ; 
because whatever might be their wishes, or dispositions, the integrity 
of our country, and the stability of our government, mainly depend, 
not upon them, but on the loyalty, virtue, patriotism, and intelligence 
of the American people. The correspondence itself, with the usual 
reservations, is herewith submitted. 

I venture to hope it will appear that we have practiced prudence, 
and liberality towards foreign powers, averting causes of irritation; 
and, with firmness, maintaining our own rights and honor. 

Since, however, it is apparent that here, as in every other state, 
foreign dangers necessarily attend domestic difficulties, I recommend 
that adequate and ample measures be adopted for maintaining the 
public defences on every side. While, under this general recom- 
mendation, provision for defending our sea-coast line readily occurs 
to the mind, I also, in the same connexion, ask the attention of Con- 
gress to our great lakes and rivers. It is believed that some fortifi- 
cations and depots of arms and munitions, with harbor and naviga- 
tion improvements, all at well selected points upon these, would be 
of great importance to the national defence and preservation. I ask 
attention to the views of the Secretary of War, expressed in his 
report, upon the same general subject. 

I deem it of importance that the loyal regions of East Ten- 
nessee and western North Carolina should be connected with Ken- 
tucky, and other faithful parts of the Union, by railroad. I therefore 
recommend, as a military measure, that Congress provide for the 
construction of such road, as speedily as possible. Kentucky, no 
doubt, will co-operate, and, through her legislature, make the most 
judicious selection of a line. The northern terminus must connect 
with some existing railroad; and whether the route shall be from 
Lexington, or Nicholasville, to the Cumberland Gap ; or from Lebanon 
to the Tennessee line, in the direction of Knoxville; or on some still 



ANNUAL MESSAGE OF THE PRESIDENT. 5 

different line, can easily be determined. Kentucky and the general 
government co-operating, the work can be completed in a very short 
time; and when done, it will be not only of vast present usefulness, 
but also a valuable permanent improvement, worth its cost in all the 
future. 

Some treaties, designed chiefly for the interests of commerce, and 
having no grave political importance, have been negotiated, and will 
be submitted to the Senate for their consideration. 

Although we have failed to induce some of the commercial powers 
to adopt a desirable melioration of the rigor of maritime war, we 
have removed all obstructions from the way of this humane reform, 
except such as are merely of temporary and accidental occurrence. 

I invite your attention to the correspondence between her Britannic 
Majesty's minister accredited to this government, and the Secretary 
of State, relative to the detention of the British ship Perthshire in 
June last, by the United States steamer Massachusetts, for a sup- 
posed breach of the blockade. As this detention was occasioned 
by an obvious misapprehension of the facts, and as justice requires 
that we should commit no belligerent act not founded in strict 
right, as sanctioned by public law, I recommend that an appro- 
priation be made to satisfy the reasonable demand of the owners of 
the vessel for her detention. 

I repeat the recommendation of my predecessor, in his annual 
message to Congress in December last, in regard to the disposition of 
the surplus which will probably remain after satisfying the claims of 
American citizens against China, pursuant to the awards- of the com- 
missioners under the act of the 3d of March, 1859. If, however, it 
should not be deemed advisable to carry that recommendation into 
effect, I would suggest that authority be given for investing the prin- 
cipal, over the proceeds of the surplus referred to, in good securities, 
with a view to the satisfaction of such other just claims of our citi- 
zens against China as are not unlikely to arise hereafter in the course 
of our extensive trade with that Empire. 

By the act of the 5th of August last, Congress authorized the 
President to instruct the commanders of suitable vessels to defend 
themselves against, and to capture pirates. This authority has been 
exercised in a single instance only. For the more effectual protec- 
tion of our extensive and valuable commerce, in the eastern seas 
especially, it seems to me that it would also be advisable to authorize 



6 ANNUAL MESSAGE OF THE PEESIDENT. 

the commanders of sailing vessels to re-capture any prizes which 
pirates may make of United States vessels and their cargoes, and the 
consular courts, now established by law in eastern countries, to adju- 
dicate the cases, in the event that this should not be objected to by 
the local authorities. 

If any good reason exists why we should persevere longer in with- 
holding our recognition of the independence and sovereignty of Hayti 
and Liberia, I am unable to discern it. Unwilling, however, to inaugu- 
rate a novel policy in regard to them -without the approbation of 
Congress, I submit for your consideration the expediency of an 
appropriation for maintaining a charge d'affaires near each of those 
new states. It does not admit of doubt that important commercial 
advantages might be secured by favorable treaties with them. 

The operations of the treasury during the period which has elapsed 
since your adjournment have been conducted with signal success. The 
patriotism of the people has placed at the disposal of the government 
the large means demanded by the public exigencies. Much of the 
national loan has been taken by citizens of the industrial classes, 
w^hose confidence in their country's faith, and zeal for their country's 
deliverance f];om present peril, have induced them to contribute to 
the support of the government the whole of their, limited acquisi- 
tions. This fact imposes peculiar obligations to economy in disburse- 
ment and energy in action. 

The revenue from all sources, including loans, for the financial year 
ending on the 30th June, 1861, was eighty-six million eight hundred 
and thirty-five thousand nine hundred dollars and twenty-seven cents, 
and the expenditures for the same period, including payments on 
account of the public debt, were eighty-four million five hundred and 
eeventy-eight thousand eight hundred and thirty-four dollars and 
forty-seven cents; leaving a balance in the treasury, on the 1st July, 
of two million two hundred and fifty-seven thousand sixty-five dollars 
and eighty cents. For the first quarter of the financial year, ending 
on the 30th September, 1861, the receipts from all sources, including 
the balance of 1st of July, were one hundred and two million five 
hundred and thirty-two thousand five hundred and nine dollars and 
twenty-seven cents, and the expenses ninety-eight million two hun- 
dred and thirty-nine thousand seven hundred and thirty-three dollars 
and nine cents; leaving a balance, on the 1st of October, 1861, of four 
million two hundred and ninety-two thousand seven hundred and 
seventy-six dollars and eighteen cents. 



ANNUAL MESSAGE OF THE PRESIDENT. 7 

Estimates for the remaining three quarters of the year, and for the 
financial year 1863, together with his views of ways and means 
for meeting the demands contemplated by them, will be submitted 
to Congress by the Secretary of the Treasury. It is gratifying to 
know that the expenditures made necessary by the rebellion are not 
beyond the resources of the loyal people, and to believe that the 
same patriotism which has thus far sustained the government will 
continue to sustain it till Peace and Union shall again bless the land. 

I respectfully refer to the report of the Secretary of "War for infor- 
mation respecting the numerical strength of the army, and for recom- 
mendations having in view an increase of its efficiency and the well 
being of the various branches of the service intrusted to his care. 
It is gratifying to know that the patriotism of the people has proved 
equal to the occasion, and that the number of troops tendered greatly 
exceeds the force which Congress authorized me to call into the 
field. 

I refer with pleasure to those portions of his report which make 
allusion to the creditable degree of discipline already attained by our 
troops, and to the excellent sanitary condition of the entire army. 

The recommendation of the Secretary for an organization of the 
militia upon a uniform basis, is a subject of vital importance to the 
future safety of the country, and is commended to the serious atten- 
tion of Congress. 

The large addition to the regular army, in connexion with the 
defection that has so considerably diminished the number of its 
officers, gives peculiar importance to his recommendation for increas- 
ing the corps of cadets to the greatest capacity of the Military 
Academy. 

By mere omission, I presume. Congress has failed to provide chap- 
lains for hospitals occupied by volunteers. This subject was brought 
to my notice, and I was induced to draw up the form of a letter, one 
copy of which, properly addressed, has been delivered to each of 
the persons, and at the dates respectively named and stated, in a 
schedule, containing also the form of the letter, marked A, and here- 
with transmitted. 

These gentlemen, I understand, entered upon the duties desig- 
nated, at the times respectively stated in the schedule, and have 
labored faithfully therein ever since. I therefore recommend that 
they be compensated at the same rate as chaplains in the army. I 



8 ANNUAL MESSAGE OF THE PRESIDENT. 

further suggest that general provision be made for chaplains to serve 
at hospitals, as well as with regiments. 

The report of the Secretary of the Navy presents in detail the 
operations of that branch of the service, the activity and energy 
which have characterized its administration, and the results of meas- 
ures to increase its efficiency and power. Such have been the addi- 
tions, by construction and purchase, that it may almost be said a 
navy has been created and brought into service since our difficulties 
commenced. 

Besides blockading our extensive coast, squadrons larger than ever 
before assembled under our flag have been put afloat and performed 
deeds which have increased our naval renown. 

I would invite special attention to the recommendation of the Sec- 
retary for a more perfect organization of the navy by introducing 
additional grades in the service. 

The present organization is defective and unsatisfactory, and the 
suggestions submitted by the department will, it is believed, if 
adopted, obviate the difficulties alluded to, promote harmony, and 
increase the efficiency of the navy. 

There are three vacancies on the bench of the Supreme Court — 
two by the decease of Justices Daniel and McLean, and one by the 
resignation of Justice Campbell. I have so far forborne making 
nominations to fill these vacancies for reasons which I will now state. 
Two of the outgoing judges resided within the States now overrun 
by revolt; so that if successors were appointed in the same localities, 
they could not now serve upon their circuits; and many of the most 
competent men there, probably would not take the personal hazard 
of accepting to serve, even here, upon the supreme bench. I have 
been unwilling to throw all the appointments northward, thus dis- 
abling myself from doing justice to the south on the return of peace; 
although I may remark that to transfer to the north one which has 
heretofore been in the south, would not, with reference to territory 
and population, be unjust. 

During the long and brilliant judicial career of Judge McLean hia 
circuit grew into an empire — altogether too large for any one judge 
to give the courts therein more than a nominal attendance — rising in 
population from one million four hundred and seventy thousand and 
eighteen, in 1830, to six million one hundred and fifty-one thousand 
four hundred and five, in 1860. 

Besides this, the country generally has outgrown our present judi- 



ANNUAL MESSAGE OF THE PRESIDENT. 9 

cial system. If uniformity was at all intended, the system requires 
that all the States shall be accommodated with circuit courts, attended 
by supreme judges, while, in fact, Wisconsin, Minnesota, Iowa, Kansas, 
Florida, Texas, California, and Oregon,have never had any such courts. 
Nor can this well be remedied without a change of the system; because 
the adding of judges to the Supreme Court, enough for the accommoda- 
tion of all parts of the country, with circuit courts, would create a 
court altogether too numerous for a judicial body of any sort. And 
the evil, if it be one, will increase as new States come into the Union. 
Circuit courts are useful, or they are not useful. If useful, no State 
should be denied them ; if not useful, no State should have them. 
Let them be provided for all, or abolished as to all. 

Three modifications occur to me, either of which, I think, would 
be an improvement upon our present system. Let the Supreme 
Court be of convenient number in every event. Then, first, let the 
whole country be divided into circuits of convenient size, the supreme 
judges to serve in a number of them corresponding to their own num- 
ber, and independent circuit judges be provided for all the rest. Or, 
secondly, let the supreme judges be relieved from circuit duties, and 
circuit judges provided for all the circuits. Or, thirdly, dispense 
with circuit courts altogether, leaving the judicial functions wholly 
to the district courts and an independent Supreme Court. 

I respectfully recommend to the consideration of Congress the 
present condition of the statute laws, with the hope that Congress 
will be able to find an easy remedy for many of the inconveniences 
and evils which constantly embarrass those engaged in the practical 
administration of them. Since the organization of the government, j, 
Congress has enacted some five thousand acts and joint resolutions, 
which fill more than six thousand closely printed pages, and are 
scattered through many volumes. Many of these acts have been 
drawn in haste and without sufficient caution, so that their provisions 
are often obscure in themselves, or in conflict with each other, or at 
least so doubtful as to render it very difficult for even the best 
informed persons to ascertain precisely what the statute law really is. 

It seems to me very important that the statute laws should be 
made as plain and intelligible as possible, and be reduced to as small 
a compass as may consist with the fullness and precision of the will 
of the legislature and the perspicuity of its language. This, well 
done, would, I think, greatly facilitate the labors of those whose 
duty it is to assist in the administration of the laws, and would be a 



10 ANNUAL MESSAGE OF THE PRESIDENT. 

lasting benefit to the people, by placing before them, in a more 
accessible and intelligible form, the laws which so deeply concern 
their interests and their duties. 

1 am informed by some whose opinions I respect, that all the acts 
of Congress now in force, and of a permanent and general nature, 
might be revised and re-written, so as to be embraced in one volume 
(or at most, two volumes) of ordinary and convenient size. And I 
respectfully recommend to Congress to consider of the subject, and, 
if my suggestion be approved, to devise such plan as to their wisdom 
shall seem most proper for the attainment of the end proposed. 

One of the unavoidable consequences of the present insurrection 
is the entire suppression, in many places, of all the ordinary means of 
administering civil justice by the officers, and in the forms of existing 
law. This is the case, in whole or in part, in all the insurgent 
States; and as our armies advance upon and take possession of parts 
of those States, the practical evil becomes more apparent. There 
are no courts nor officers to whom the citizens of other States , may 
apply for the enforcement of their lawful claims against citizens of 
the insurgent States; and there is a vast amount of debt constituting 
such claims. Some have estimated it as high as two hundred million 
dollars, due, in large part, from insurgents, in open rebellion, to 
loyal citizens who are, even now, making great sacrifices in the dis- 
charge of their patriotic duty to support the government. 

Under these circumstances, I have been urgently solicited to estab- 
lish, by military power, courts to administer summary justice in such 
cases. I have thus far declined to do it, not because I had any doubt 
^hat the end proposed — the collection of the debts — was just and right 
in itself, but because I have been unwilling to go beyond the pressure 
of necessity in the unusual exercise of power. But the powers of 
Congress I suppose are equal to the anomalous occasion, and there- 
fore I refer the whole matter to Congress, with thfe hope that a plan 
may be devised for the administration of justice in all such parts of 
the insurgent States and Territories as may be under the control of 
this government, whether by a voluntary return to allegiance and 
order, or by the power of our arms. This, however, not to be a per- 
manent institution, but a temporary substitute, and to cease as soon 
as the ordinary courts can be re-established in peace. 

It is important that some more convenient means should be pro- 
vided, if possible, for the adjustment of claims against the govern- 
ment, especially in view of their increased number by reason of the 



ANNUAL MESSAGE OF THE PEESIDENT. 11 

war. It is as much the duty of government to render prompt justice 
against itself, in favor of citizens, as it is to administer the same, be- 
tween private individuals. The investigation and adjudication of 
claims, in their nature belong to the judicial department ; besides it 
is apparent that the attention of Congress, will be more than usually 
engaged, for some time to come, with great national questions. It 
was intended, by the organization of the court of claims, mainly to 
remove this branch of business from the halls of Congress ; but while 
the court has proved to be an effective, and valuable means of inves- 
tigation, it in great degree fails to effect the object of its creation, 
for want of power to make its judgments final. 

Fully aware of the delicacy, not to say the danger, of the subject, 
I commend to your careful consideration whether this power of making 
judgments final, may not properly be given to the court, reserving 
the right of appeal on questions of law to the Supreme Court, with 
such other provisions as experience may have shown to be necessary. 

I ask attention to the report of the Postmaster General, the follow- 
ing being a summary statement of the condition of the department: 

The revenue from all sources during the fiscal year ending June 
30, 1861, including the annual permanent appropriation of seven 
hundred thousand dollars for the transportation of "free mail matter," 
was nine million forty-nine thousand two hundred and ninety-six 
dollars and forty cents, being about two per cent, less than the reve- 
nue for 1860. 

The expenditures were thirteen million six hundred and six 
thousand seven hundred and fifty-nine dollars and eleven cents, 
showing a decrease of more than eight per cent, as compared with 
those of the previous year, and leaving an excess of expenditure over 
the revenue for the last fiscal year of four million five hundred and 
fifty-seven thousand four hundred and sixty-two dollars and seventy- 
one cents. 

The gross revenue for the year ending June 30, 1863, is estimated 
at an increase of four per cent, on that of 1861, making eight million 
six hundred and eighty-three thousand dollars, to which should be 
added the earnings of the department in carrying free matter, viz: 
seven hundred thousand dollars, making nine million three hundred 
and eighty-three thousand dollars. 

The total expenditures for 1863 are estimated at twelve million 
five hundred and twenty-eight thousand dollars, leaving an estimated 



12 AJSTNUAL MESSAGE OF THE PRESIDENT. 

deficiency of three mil) ion one hundred and forty-five thonsand 
dollars to be supplied from the treasury, in addition to the permanent 
appropriation. 

The present insurrection shows, I think, that the extension of this 
District across the Potomac river, at the time of establishing the 
capital here, was eminently Avise, and consequently that the relin- 
quishment of that portion of it which lies within the State of Vir- 
ginia was unwise and dangerous. I submit for your consideration 
the expediency of regaining that part of the District, and the restora- 
tion of the original boundaries thereof, through negotiations with the 
State of Virginia. 

The report of the Secretary of the Interior, with the accompany- 
ing documents, exhibits the condition of the several branches of the 
public business pertaining to that department. The depressing influ- 
ences of the insurrection have been especially felt in the operations 
of the Patent and General Land Offices. The cash receipts from 
the sales of public lauds during the past year have exceeded the 
expenses of our land system only about two hundred thousand dol- 
lars. The sales have been entirely suspended in the southern States, 
while the interruptions to the business of the country, and the. diver- 
sion of large numbers of men from labor to military service, have 
obstructed settlements in the new States and Territories of the 
northwest. 

The receipts of the Patent Office have declined in nine months 
about one hundred thousand dollars, rendering a large reduction of 
the force employed necessary to make it self-sustaining. 

The demands upon the Pension Office will be largely increased by 
the insurrection. Numerous applications for pensions, based upon 
the casualties of the existing war, have already been made. There 
is reason to believe that many who are now upon the pension rolls 
and in receipt of the bounty of the government, are in the ranks of 
the insurgent army, or giving them aid and comfort. The Secretary 
of the Interior has directed a suspension of the payment of the pen- 
sions of such persons upon proof of their disloyalty. I recommend 
that Congress authorize that officer to cause the names of such per- 
sons to be stricken from the pension rolls. 

The relations of the government with the Indian tribes have been 
greatly disturbed by the insurrection, especially in the southern super- 
intendency and in that of New Mexico. The Indian country south of 
Kansas is in the possession of insurgents from Texas and Arkansas. The 



ANNUAL MESSAGE OF THE PEESIDENT. 13 

agents of the United States appointed since the 4th of March for 
this superintendency have been unable to reach their posts, while the 
most of those who were in office before that time have espoused the 
insurrectionary cause, and assume to exercise the powers of agents 
by virtue of commissions from the insurrectionists. It has been stated 
in the public press that a portion of those Indians have been organ- 
ized as a military force, and are attached to the army of the insur- 
gents. Although the government has no official information upon 
this subject, letters have been written to the Commissioner of Indian 
Affairs by several prominent chiefs, giving assurance of their loyalty 
to the United States, and expressing a wish for the presence of fed- 
eral troops to protect them. It is believed that upon the repos- 
session of the country by the federal forces the Indians will readily 
cease all hostile demonstrations, and resume their former relations to 
the government. 

Agriculture, confessedly the largest interest of the nation, has, 
not a department, nor a bureau, but a clerkship only, assigned to it 
in the government. While it is fortunate that this great interest is 
so independent in its nature as to not have demanded and extorted 
more from the government, I respectfully ask Congress to consider 
whether something more cannot be given voluntarily with general 
advantage. 

Annual reports exhibiting the condition of our agriculture, com- 
merce and manufactures w^ould present a fund of information of great 
practical value to the country. While I make no suggestion as to 
details, I venture the opinion that an agricultural and statistical bu- 
reau might profitably be organized. 

■ The execution of the laws for the suppression of the African slave 
trade has been confided to the Department of the Interior. It is a 
subject of gratulation that the efforts which have been made for the 
suppression of this inhuman traffic have been recently attended with 
unusual success. Five vessels being fitted out for the slave trade 
have been seized and condemned. Two mates of vessels engaged in 
the trade, and one person in equipping a vessel as a slaver, have been 
convicted and subjected to the penalty of fine and imprisonment, and 
one captain, taken with a cargo of Africans on board his vessel, has 
been convicted of the highest grade of offence under our laws, the 
punishment of which is death. 

The Territories of Colorado, Dakotah and Nevada, created by the 



14 ANNUAL MESSAGE OF THE PRESIDENT. 

last Congress, have been organized, and civil administration has been 
inaugurated therein under auspices especially gratifying, when it is 
considered that the leaven of treason was found existing in some of 
these new countries when the federal officers arrived there. 

The abundant natural resources of these Territories, with the se- 
curity and protection afforded by organized government, will doubt- 
less invite to them a large immigration when peace shall restore the 
business of the country to its accustomed channels. I submit the 
resolutions of the legislature of Colorado, which evidence the patriotic 
spirit of the people of the Territory. So far the authority of the 
United States has been upheld in all the Territories, as it is hoped it 
will be in the future. I commend their interests and defence to the 
enlightened and generous care of Congress. 

I recommend to the favorable consideration of Congress the interests 
of the District of Columbia. The insurrection has been the cause of 
much suffering and sacrifice to its inhabitants, and as they have no 
representative in Congress, that body should not overlook their just 
claims upon the government. 

At your late session a joint resolution was adopted authorizing the 
President to take measures for facilitating a proper representation 
of the industrial interests of the United States at the exhibition of 
the industry of all nations to be holden at London in the year 1862. 
I regret to say I have been unable to give personal attention to this 
subject — a subject at once so interesting in itself, and so extensively 
and intimately connected with the material prosperity of the world. 
Through the Secretaries of State and of the Interior a plan, or sys- 
tem, has been devised, and partly matured, and which will be laid 
before you. 

Under and by virtue of the a^ of Congress entitled "An act to 
confiscate property used for insurrectionary purposes," approved 
August 6, 1861, the legal claims of certain persons to the labor and 
service of certain other persons have become forfeited ; and numbers 
of the latter, thus liberated, are already dependent on the United 
States, and must be provided for in some way. Besides this, it is 
not impossible that some of the States will pass similar enactments 
for their own benefit respectively, and by operation of which, persons 
of the same class will be thrown upon them for disposal. In such 
case I recommend that Congress provide for accepting such persona « 
from such States, according to some mode of valuation, in lieu, loro 
tanto^ of direct taxes, or upon some other plan to be agreed on with 



ANNUAL MESSAGE OF THE PEESIDENT. 15 

such States respectively ; that such persons, on such acceptance by the 
general government, be at once deemed free ; and that, in any event, 
steps be taken for colonizing both classes, (or the one first mentioned, 
if the other shall not be brought into existence, ) at some place, or 
places, in a climate congenial to them. It might be well to consider, 
too, whether the free colored people already in the United States 
could not, so far as individuals may desire, be included in such colo- 
nization. 

To carry out the plan of colonization may involve the acquiring of 
territory, and also the appropriation of money beyond that to be 
expended in the territorial acquisition. Having practiced the acqui- 
sition of territory for nearly sixty years, the question of constitutional 
power to do so is no longer an open one with us. The power was 
questioned at first by Mr. Jefferson, who, however, in the purchase 
of Louisiana, yielded his scruples on the plea of great expediency. 
If it be said that the only legitimate object of acquiring territory is 
to furnish homes for 'white men, this measure effects that object ; 
for the emigration of colored men leaves additional room for white 
men remaining or coming here. Mr. Jefferson, however, placed the 
importance of procuring Louisiana more on political and commercial 
grounds than on providing room for population. 

On this whole proposition, including the appropriation of money 
with the acquisition of territory, does not the expediency amount to 
absolute necessity — that, without which the government itself can- 
not be perpetuated ? 

The war continues. In con^ddering the policy to be adopted for 
suppressing the insurrection, I have been anxious and careful that 
the inevitable conflict for this purpose shall not degenerate into a 
violent and remorseless revolutionary struggle. I have, therefore, 
in every case, thought it proper to keep the integrity of the Union 
prominent as the primary object of the contest on our part, leaving 
all questions which are not of vital military importance to the more 
deliberate action of the legislature. 

In the exercise of my best discretion I have adhered to the blockade 
of the ports held by the insurgents, instead of putting in force, by 
proclamation, the law of Congress enacted at the late session for 
closing those ports. 

So, also, obeying the dictates of prudence, as well as the obligations 
of law, instead of transcending, I have adhered to the act of 



16 ANNUAL MESSAGE OF THE PEESIDENT- 

Congress to confiscate property used for insurrectionary purposes. 
If d new law upon the same subject shall be proposed, its propriety 
will be duly considered. The Union must be preserved; and hence, 
all indispensable means must be employed. We should not be in 
haste to determine that radical, and extreme measures, which may 
reach the loyal as well as the disloyal, are indispensable. 

The inaugural address at the beginning of the Administration, and 
the message to Congress at the late special session, were both mainly 
devoted to the domestic controversy out of which the insurrection 
and consequent war have sprung. Nothing now occurs to add or 
subtract, to or from, the principles, or general purposes, stated and 
expressed, in those documents. 

The last ray of hope for preserving the Union peaceably, expired 
at the assault upon Fort Sumter; and a general review of what has 
occurred since may not be unprofitable. What was painfully 
uncertain then, is much better defined and_ more distinct now; 
and the progress of events is plainly in the right direction. 
The insurgents confidently claimed a strong support from north of 
Mason and Dixon's line; and the friends of the Union were not free 
from apprehension on the point. This, however, was soon settled 
definitely, and on the right side. South of the line, noble little Dela- 
ware led off right from the first. Maryland was made to seem against 
the Union. Our soldiers were assaulted, bridges were burned, and 
railroads torn up, within her limits; and we were many days, at one 
time, without the ability to bring a single regiment over her soil 
to the capital. Now, her bridges and railroads are repaired and 
open to the government; she already gives seven regiments to 
the cause of the Union and none to the enemy; and her people, 
at a regular election, have sustained the Union, by a larger majority? 
and a larger aggregate vote than they ever before gave to any candi- 
date, or any question. Kentucky, too, for some time in doubt, is now 
decidedly, and, I think, unchangeably, ranged on the side of the 
Union. Missouri is comparatively quiet; and I believe cannot again 
be overrun by the insurrectionists. These three States of Maryland, 
Kentucky, and Missouri, neither of which would promise a single 
soldier at first, have now an aggregate of not less than forty thousand 
in the field, for the Union ; while, of their citizens, certainly nol? 
more than a third of that number, and they of doubtful whereabouts, 
and doubtful existence, are in arms against it. After a somewhat 



ANNUAL MESSAGE OF THE PRESIDENT. 17 

bloody struggle of months, winter closes on the Union people of 
western Virginia, leaving them masters of their own country. 

An insurgent force of about fifteen hundred, for months dominating 
the narroAv peninsular region, constituting the counties of Accomac 
and Northampton, and known as eastern shore of Virginia, together 
with some contiguous parts of Maryland, have laid down their arms; 
and the people there have renewed their allegiance to, and accepted 
the protection of, the old flag. This leaves no armed insurrectionist 
north of the Potomac, or east of the Chesapeake. 

Also we have obtained a footing at each of the isolated points, on 
the southern coast, of Hatteras, Port Royal, Tybee Island, near 
Savannah, and Ship island; and we likewise have some general ac- 
counts of popular movements, in behalf of the Union, in North Caro- 
lina and Tennessee. 

These things demonstrate that the cause of the Union is advancing 
steadily and certainly southward. 

Since your last adjournment. Lieutenant General Scott has retired 
from the head of the army. During his long life, the nation has not 
been unmindful of his merit; yet, on calling to mind how faithfully, 
ably, and brilliantly he has served the country, from a time far back 
in our history, when few of the now living had been born, and thence- 
forward continually, I cannot but think we are still his debtors. I 
submit, therefore, for your consideration, what further mark of recog- 
nition is due to him, and to ourselves, as a grateful people. 

With the retirement of General Scott came the executive duty of 
appointing, in his stead, a general-in-chief of the army. It is a for- 
tunate circumstance that neither in council nor country was there, so 
far as I know, any difference of opinion as to the proper person to be 
selected. The retiring chief repeatedly expressed his judgment in 
favor of General McClellan for the position; and in this the nation 
seemed to give a unanimous concurrence. The designation of Gene- 
ral McClellan is, therefore, in considerable degree, the selection of 
the country, as well as of the Executive; and hence there is better 
reason to hope there will be given him, the confidence, and cordial 
support thus, by fair implication, promised, and without which, he 
cannot, with so full efficiency, serve the country. 

It has been said that one bad general is better than two good ones; 
and the saying is true, if taken to mean no more than that an army 

Ex. Doc. 1 2 



18 ANNUAL MESSAGE OF THE PRESIDENT. 

is better directed by a single raind, though inferior, than by two 
superior ones, at variance, and cross-purposes with each other. 

And the same is true, in all joint operations wherein those engaged, 
can have none but a common end in view, and can differ only as to 
the choice of means. In a storm at sea, no one on board can wish 
the ship to sink; and yet, not unfrequently, all go down together, 
because too many will direct, and no single mind can be allowed to 
control. 

It continues to develop that the insurrection is largely, if not ex- 
clusively, a war upon the first principle of popular government — the 
rights of the people. Conclusive evidence of this is found in the 
most grave and maturely considered public documents, as well as in 
the general tone of the insurgents. In those documents we find the 
abridgment of the existing right of suffrage, and the denial to the 
people of all right to participate in the selection of public officers, 
except the legislative, boldly advocated, with labored arguments to 
prove that large control of the people in government, is the source 
of all political evil. Monarchy itself is sometimes hinted at as a 
possible refuge from the power of the people. 

In my present position, I could scarcely be justified were I to omit 
raising a warning voice against this approach of returning despotism. 

It is not needed, nor fitting here, that a general argument should 
be made in favor of popular institutions; but there is one point, with 
its connexions, not so hackneyed as most others, to which I ask a brief 
attention. It is the effort to place capital on an equal footing with, 
if not above laho7', in the structure of government. It is assumed 
that labor is available only in connexion with capital; that nobody 
labors unless somebody else, owning capital, somehow by the use of 
it, induces him to labor. This assumed, it is next considered whether 
it is best that capital shall hire laborers, and thus induce them to 
work by their own consent, or buy them, and drive them to it w^ithout 
their consent. Having proceded so far, it is naturally concluded that 
all laborers are either hired laborers, or what we call slaves. And 
further, it is assumed that whoever is once a hired laborer, is fixed in 
that condition for life. 

Now, there is no such relation between capital and labor as 
assumed; nor is there any such thing as a free man being fixed for 



ANNUAL MESSAGE OP THE PRESIDENT. 19 

life in the condition of a liired laborer. Both these assumptions are 
false, and all inferences from them are groundless. 

Labor is prior to, and independent of, capital. Capital is only the 
fruit of labor, and could never have existed if labor had not first 
existed. Labor is the superior of capital, and deserves much the 
higher consideration. Capital has its rights, which are as worthy of 
protection as any other rights. Nor is it denied that there is, and 
probably always will be, a relation between labor and capital, pro- 
ducing mutual benefits. The error is in assuming that the whole 
labor of community exists within that relation. A few men own 
capital, and that few avoid labor themselves, and, with their capita), 
hire or buy another few to labor for them. A large majority belong 
to neither class — neither work for others, nor have others working for 
them. In most of the southern States, a majority of the whole people 
of all colors, are neither slaves nor masters; while in the northern, 
a large majority are neither hirers nor hired. Men with their 
families — wives, sons, and daughters — work for themselves, on 
their farms, in their houses, and in their shops, taking the whole 
product to themselves, and asking no fixvors of capital on the one 
hand, nor of hired laborers or slaves on the other. It is not forgotten 
that a considerable number of persons mingle their own labor with 
capital — that is, they labor with their own hands, and also buy or 
hire others to labor for them; but this is only a mixed, and not a 
distinct class. No principle stated is disturbed by the existence of 
this mixed class. 

Again: as has already been said, there is not, of necessity, any 
> such thing as the free hired laborer being fixed to that condition for 
life. Many independent men everywhere in these States, a few years 
back in their lives, were hired laborers. The prudent, penniless 
beginner in the v/orld, labors for Avages awhile, saves a surplus with 
which to buy tools or land for himself; then labors on his own account 
another while, and at length hires another new beginner to help him. 
This is the just, and generous, and prosperous system, which opens 
the way to all — gives hope to all, and consequent energy, and pro- 
gress, and improvement of condition to all. No men living are more 
worthy to be trusted than those who toil up from poverty — none less 
inclined to take, or touch, aught which they have not honestly 
earned. Let them beware of surrendering a political power which 



20 ANNUAL MESSAGE OF THE PRESIDENT. 

they already possess, and which, if surrendered, will surely be used 
to close the door of advancement against such as they, and to fix 
new disabilities and burdens upon them, till all of liberty shall be 
lost. 

From the first taking of our National Census to the last, are seventy 
years; and we find our population, at the end of the period, eight 
times as great as it was at the beginning. The increase of those 
other things, which men deem desirable, has been even greater. We 
thus have, at one view, what the popular principle, applied to gov- 
ernment, through the machinery of the States and the Union, has 
produced in a given time; and also what, if firmly maintained, it 
promises for the future. There are already among us those who, if 
the Union be preserved, will live to see it contain two hundred and 
fifty millions. The struggle of to-day is not altogether for to-day — 
it is for a vast future also. With a reliance on Providence, all the 
more firm and earnest, let us proceed in the great task which events 
have devolved upon us. 

ABRAHAM LINCOLN. 

Washington, December 3. 186L 



LIST OF PAPERS 



RELATING TO 



FOREIGN AFFAIRS 



ACCOMPAMTIXG 



THE president's MESSAGE TO CONGRESS, AT THE OPENING OF ITS 
SESSION IN DECEMBER, 1861. 



CIRCULARS. 

Page. 
]Mr. Black (Secretary of State) to all the Ministers of the United 

States — Feb. 28,1861. 31 

Mr. Seward (Secretary of State) to all the Ministers of the United 

States ^^^"1^ 9'1861. 32 

Mr. Seward to ministers of the United States in France, England, 

Russia, Prussia, Aiistria, Belginm, Italy, and Denmark April ,24,1861. -34 

INSTRUCTIONS AND DESPATCHES. 

PRUSSIA. 

Mr. Seward to Mr. Judd, (extract) March 22, 1861. 37 

Mr. Wright to Mr. Seward, (extract) May 8,1861. 38 

Same to same, (extract) May 15,1861. 

Same to same, (extract) ^iay 26,1861. 39 

Same to same, (extracts) Jime 8,1861. 

Same to same, (extract -with accompaniments) June 25,1861. 41 

Baron Schlemitz to Baron Gerolt June 13,1861. 41 

Mr. Seward to Baron Gerolt July 16,1861. 44 

Baron Gerolt to Mr. Seward July 17,1861. 45 

Mr. Judd to Mr. Seward, (extracts). July 2,1861. 4G 

Same to same, (extract, with an accompaniment) July 24,1861. 47 

Mr. Seward to Mr. Judd July 26,1861. 49 

Same to same, (extract) Aug. 12,1861. 49 

Mr. Judd to Mr. Seward, (extract) Aug. 27,1861. 50 

Same to same, (extract) Oct. 10,1861. 50 

Mr. Seward to Mr. .Judd Oct. 21,1861. 51 



22 



ANNUAL MESSAGE OF THE PRESIDENT. 



BELGIUM. 

Mr. Soward to Mr. Sauford March 22 

Mr. Sanford to Mr. Seward, (extract) May 

Same to same, (extracts) May 

Same to same, (extract) : , June' 

Same to same, (extract and accompaniment) July 

Mr. Seward to Mr. Sanford May 

Same to same June 

Same to same .. . -. June 

Mr. Sanford to Mr. Seward, (extract) July 

Mr. Seward to Mr. Sanford July 

Mr. Sanford to Mr. Seward July 

Mr. Seward to Mr. Sanford July 

Mr. Sanford to Mr. Seward July 

Mr. Seward to Mr. Sanford Aug. 

Same to same - - Aug. 

Same to same Aug. 







Page. 


22 


1S61. 


53 


10 


1S61. 


55 


26 


1861. 


55 


22 


1861. 


57 


2 


1861. 


58 


C 


1861. 


59 


21 


1861. 


59 


22 


1861. 


60 


3 


1861. 


60 


8 


1861. 


61 


IS 


1861. 


61 


30 


1861. 


62 


30 


1861. 


62 


5 


1861. 


63 


12 


1861. 


63 


21 


1861. 


63 



MEXICO. 

Mr. Seward to Mr. Corwin April 6,1861. 65 

Mr. Corwin to Mr. Seward, (extract) May 29,1861. 69 

Same to same, (extracts) June 29,1861. 70 



GRExVT BRITAIN. 

Mr. Seward to Mr. Adams April 

Mr. Dallas to Mr. Seward, (extracts) March 2 

Same to same, (extract). . .... April 

Same to same, (with an accompaniment) April 

Mr. Seward to Mr. Adams April 

Mr. Dallas to Mr. Seward, (with an accompaniment) May 

Mr. Adams to Mr. Seward, (extracts). May 

Mr. Seward to Mr. Adams, (extracts) May 

Mr. Adams to Mr. Seward, (extract) May 

Same to same, (extracts), — May 

Mr. Seward to Mr. Adams June 

Mr. Adams to Mr. Seward, (extract) June 

Mr. Seward to Mr. Adams, (with an accompaniment) June 

Same to same June 

Mr. Adams to Mr. Seward. . June 

Same to same, (extracts) June 

Mr. Seward to Mr. Adams Jime 

Mr. Adams to Mr. Seward , (extracts) June 

Same to same, (extracts) June 

Mr. Seward to Mr. Adams July 

Mr. Adams to Mr. Seward, (extract) July 

Same to same, (with accompaniments) — July 



10 


1S61. 


71 


22 


1861. 


80 


5 


1861. 


81 


9 


1861. 


81 


27 


1861. 


82 


2 


,1861. 


83 


17 


1861. 


85 


21 


1861. 


87 


21 


1861. 


90 


31 


1861. 


96 


3 


18G1. 


97 


7 


1861. 


98 


8 


1861. 


99 


8 


1861. 


100 


8 


1861. 


103 


14 


1S61. 


103 


19 


1861. 


106 


21 


1861. 


109 


28 


1861. 


110 


1 


1861. 


111 


12 


1861. 


113 


19 


1861. 


113 



ANNUAL MESSAGE OF THE PRESIDENT 



23 



GREAT BRITAIN— Continued. 



Mr. Seward to Mr. Adams 

Mr. Adams to Mr. Seward, (extracts) 

Mr. Seward to Mr. Adams 

Same to same 

Mr. Adams to Mr. Seward, (with accompaniments) 

Mr. Seward to Mr. Adams 

Same to same .... 

Mr. Adams to Mr. Seward, (extract). 

Mr. Seward to Mr. Adams - - 

Same to same 

Same to same — — - 

Mr. Adams to Mr. Seward, (with accompaniments)..., 

Mr. F. W. Seward to Mr. Adams 

Mr. Adams to Mr. Seward, (with accompaniments) 

Mr. Seward to Mr. Adams, (extracts) 

Same to same 

Mr. Adams to Mr. Seward, (extracts, with accompaniments).... 

Same to same (with accompaniments) 

Mr. Seward to Mr. Adams, (with an accompaniment) 

Same to same, (with an accompaniment).. 

Same to same...... ...... .... .... .. .... 

Mr. Adams to Mr. Seward, (extract, with accompaniments) 

Mr. Seward to Mr. Adams 

Same to same 

Same to same - 

Same to same.... 

Mr. Adams to Mr. Seward, (extract) 

Same to same.... 

Same to same, (extract, with accompaniments) 

Same to same, (with an accompaniment) 

Mr. Seward to Mr. Adams 

Same to same.... 

Same to same 

Mr. Seward to Lord Lyons, (circular) 

Lord Lyons to Mr. Seward 

Siime to same ...f 

Mr. Seward to Lord Lyons.... 

Same to same 

Same to same, (circular).... 

Lord Lyons to Mr. Seward 

Mr. Seward to Lord Lyons 

Lord Lyons to Mr. Seward, (with an accompaniment) 

Mr. Seward to Lord Lj'ons 

Lord Lyons to Mr. Seward 

Mr. Seward to Mr. Adams 



July 


21 


1861. 


July 


2G 


,1861. 


July 


2G 


,1861. 


July 


29 


1861. 


Aug. 


2 


1861. 


Aug. 


6 


1861. 


Aug. 


12 


,1861. 


Aug. 


16 


1861. 


Aug. 


17 


1861. 


Aug. 


17 


1861. 


Aug. 


17 


1861. 


Aug. 


23 


1861. 


Aug. 


27 


1861. 


Aug. 


30 


1861. 


Sept. 


2 


1861. 


Sept. 


7 


1861. 


Sept. 


7 


,1861. 


Sept. 


9 


1861. 


Sept. 


10 


1861. 


Sept. 


10 


1861. 


Sept. 


11 


1861. 


Sept. 


14 


1861. 


Sept. 


14 


1861. 


Sept. 


14 


1861. 


Sept. 


25 


1861. 


Sept. 


25 


1861. 


Sept. 


28 


1861. 


Sept. 


28 


1861. 


Oct. 


4 


1861. 


Oct. 


11 


1861. 


Oct. 


22 


1861. 


Oct. 


23 


1861. 


Oct. 


29 


1861. 


Oct. 


4 


1861. 


Oct. 


12 


1861. 


Oct. 


14 


1861. 


Oct. 


14 


1861. 


Oct. 


14, 


1861. 


Oct. 


16 


1861. 


Oct. 


17 


1861. 


Oct. 


18 


1861. 


Oct. 


23 


1861. 


Oct. 


24 


1861. 


Oct. 


28, 


1861. 


Nov. 


11 


1861. 



24 



ANNUAL MESSAGE OF THE PRESIDENT. 



GREAT BRITAIN— Continued. 



CASE OF THE " PERTHSHIRE." 

Lord Lyons to Mr. Seward, (with an accompanimeiit) Oct. 

Mr. Seward to Mr. Welles - Oct. 

Mr. Seward to Lord Lyons Oct. 

Mr. Welles to Mr. Seward, (with accompaniments). Oct. 

Mr. Seward to Lord Lyons Oct. 

AUSTRIA. 

Mr. Seward to Mr. Burlingame, (extracts) April 

Mr. Jones to Mr. Seward, (extract) April 

Same to same ..^ July 

Mr. Hulsemann to Mr. Seward, (with an accompaniment) Aug. 

Mr. Seward to Mr. Hulsemann Aug. 

Mr. Seward to Mr. Jones Aug. 

Mr. Seward to Mr. Motley Aug. 

Mr. Seward to Mr. Motley Sept. 

FRANCE. 

Mr. Seward to Mr. Dayton April 

Mr. Faulkner to Mr. Black March 

Mr. Faulkner to Mr. Seward, (extract) - April 

Mr. Seward to Mr. Dayton May 

Mr. Dayton to Mr. Seward, (extracts, with an accompaniment) — May 

Same to same, (extracts, with accompaniments) May 

Mr. Seward to Mr. Dayton May 

Mr. Dayton to Mr. Seward, (extracts) May 

Same to same, (extracts, with an accompaniment) June 

Same to same, (extracts) ... June 

Mr. Seward to Mr. Dayton Jime 

Mr. Dayton to Mr. Seward, (extracts, with an accompaniment) June 

Mr. Seward to Mr. Da)'ton June 

Same to same, (extracts) .... — - June 

Mr. Dayton to Mr. Seward, (extracts) June 

Same to same, (extract) June 

Mr. Seward to Mr. Dayton, (extracts) July 

Same to same .. July 

Mr. Dayton to Mr. Seward, (extract) July 

Same to same, (extracts) July 

Mr. Seward to Mr. Dayton, (extract) July 

Same to same, (extract) July 

Mr. Dayton to Mr. Seward, (with accompaniments) July 

Same to same, (extract, with an accompanTraent) .... Aug. 

Mr. Seward to Mr. Dayton Aug. 

Same to same, (extract) Aug. 

Same to same _ Aug. 

Mr. Dayton to Mr. Seward, (extracts) Aug. 







Page. 


11, 


1861. 


177 


19 


18G1. 


i7;> 


19 


1861. 


179 


24 


1861. 


179 



24,1861. 181 



13 


1861. 


183- 


15 


1861. 


188 


20 


1861. 


188 


7 


1861. 


189 


22 


1861. 


190- 


12 


1861. 


191 


2T, 


1861. 


192 


20 


1861. 


192 


22 


1861. 


195 


19 


1861. 


201 


15 


18G1. 


204 


4 


1861. 


206 


22, 


1861. 


208 


27 


1861. 


212 


30 


1861. 


215 


30 


1861. 


21G 


— 


1861. 


218 


7 


1861. 


220 


8 


1861. 


221 


12 


1861. 


222 


17 


186 L 


224 


22 


1861. 


229 


22 


1861. 


229 


28 


1861. 


230 


6 


1861. 


231 


6 


1861. 


231 


5 


1861. 


234r 


22 


1861. 


235 


26 


1861. 


235 


30 


1861. 


236 


30 


1861. 


236 


2 


1861. 


238 


17 


1861. 


240- 


17 


1861. 


240 


19 


1861. 


241 


19 


J861. 


241 



ANNUAL MESSAGE OF THE PRESIDENT. 25 

FRANCE— Continued. 

Page. 

Sametosame Aug. 19,1861. 241 

Same to same, (with au accompaniment) Aug. 22, 1861. 242 

Same to saaie, (with an accompaniment) Aug. 29,1861. 244 

Mr. Seward to Mr. Dayton Sept. 5,1861. 247 

Mr. Dayton to Mr. Seward, (with au accompaniment) Sept. 7,1861. 247 

Mr. Seward to Mr. Dayton Sept. 10,1861. 249 

Mr. Dayton to Mr. Seward, (extract, with an accompaniment) Sept. 10, 1861. 252 

Mr. Seward to Mr. Dayton Sept. 23,1861. 253 

Sametosame Oct. 10,1861. 254 

Mr. Dayton to Mr. Seward Oct. 14,1861. 254 

Mr. Seward to Mr. Dayton Oct. 21,1861. 254 

Sametosame Oct. 21,1861. 254 

Mr. Dayton to Mr. Seward, (with an accompaniment) Oct. 22,1861. 255 

Mr. Seward to Mr. Dayton Nov. 7,1861. 255 

Sametosame Nov. 7,1861. 2.56 

Mr. Dayton to Mr. Seward Nov. 23,1861. 256 

SPAIN. 

Mr. Seward to Mr. Schurz, (extract) April 27,1861. 257 

Mr. Preston to Mr. Seward, (extract) April 22,1861. 260 

Same to same, (extract) May 25,1861. 260 

Mr. Perry to Mr. Seward, (extract) June 13,1861. 261 

Same to same, (with an accompaniment) June 19,1861. 263 

Mr. Seward to Mr. Schurz Jime 22,1861. 264 

Mr. Perry to Mr. Seward July 12,1861. 264 

Mr. Schurz to Mr. Seward, (extracts, with accompaniments) July 15,1861. 266 

Mr. Seward to Mr. Tassara July 15,1861. 267 

Mr. Seward to Mr. Schurz July 20,1861. 269 

Mr. Schurz to Mr. Seward July 22,1861. 269 

Same to same, (extract, with an accompaniment) ., Aug. 5,1861. 270 

Mr. Seward to Mr. Schurz Aug. 8,1861. 271 

Mr. Tassara to Mr. Seward Aug. 9,1861. 271 

Mr. Seward to Mr. Schurz Aug. 15,1861. 272 

Sametosame Aug. 20,1861. 272 

Sametosame Sept. 3,1861. 273 

Sametosame Sept. 5,1861. 273 

Same to same, (with accompaniments) Sept. 18,1861. 273 

Mr. Schurz to Mr. Seward, (extract) Oct. 9,1861. 

Same to same, (extract) Oct. 17,1861. 285 

Sametosame Oct. 20,1861. 287 

Acting Secretary of State to Mr. Schurz Nov. 5,1861. 288 

Sametosame Nov. 5,1861. 288 

Mr. Seward to Mr. Sclun-z Nov. 9,1861. 290 

Sametosame Nov. 11,1861. 290 

ROME. 

Mr. Seward to Mr. King April 29,1861. 291 

Mr. Seward to Mr. Stockton April 30,1861. 292 

Mr. Stockton to Mr. Seward Sept. 14,1861. 292 



26 



ANNUAL MESSAGE OF THE PRESIDENT. 



RUSSIA. 

Mr. Seward to Mr. Clay May 

Mr. Appleton to Mr. Black, (extract) Jan . 

Mr. Appleton to Mr. Seward, (extract) April 

Same to same, (extract) May 

Mr. Seward to Mr. Clay May 

Mr. Appleton to Mr. Seward, (extract, with accompaniments) June 

Mr. Clay to Mr. Seward, (extract) June 

Mr. Seward to Mr. Clay, (extract) -- July 

Mr. Clay to Mr. Seward, (extracts) June 

Mr. Seward to Mr. Clay July 

Mr. Clay to Mr. Seward, (extracts) Aug. 

Mr. Seward to Mr. Clay Aug. 

Same to same Sept. 

Prince Gortchacow to Mr. de Stoeckl , Jul}- 

Mr. Seward to Mr. de Stoeckl Sept . 



6, 


1861. 


293 


12, 


1861. 


297 


20 


1861. 


99 


23, 


1861. 


300 


21 


1861. 


301 


3, 


1861. 


301 


7, 


1861. 


302 


8, 


1861. 


303 


21, 


1861. 


303 


9 


1861. 


306 


3 


1861. 


306 


12 


1861. 


307 


3 


1861. 


307 


10 


1861. 


308 


7 


1861. 


309 



DENMARK. 

Mr. Seward to Mr. Wood, (extract) May 

Same to same May 

Mc. Wood to Mr. Seward July 

Same to same July 

Mr. Seward to Mr. Wood Aug. 

Same to same . Aug. 

Same to same .- Sept. 



1, 


1861. 


311 


c, 


ISGl. 


313 


11, 


1861. 


313 


19 


1861. 


313 


1, 


1861. 


314 


22 


1861. 


314 


5 


1861. 


315 



ITALY. 

Mr. Seward to Mr . Marsli, (extracts) May 

Same to same , June 

Mr. Dillon to Mr. Seward, (extracts, with an accompaniment) June 10, 1861 

Mr. Marsh to Mr. Seward, (extracts) June 

Same to same, (extracts) July 

Mr. Seward to Mr. Marsh July 

Same to same, (extracts) - - Ji-dy 

Mr. Marsh to Mr. Seward, (with an accompaniment) Sept. 

Mr. Seward to Mr. Marsh Sept. 

Same to same . Nov. 

SWITZERLAND. 

Mr. Seward to Mr. Fogg May 

Mr Fay to Mr. Seward, (extract) May 

Same to same, (extract) June 

Same to same, (extract) June 

Same to same, (extract) .- July 

Mr. Fogg to Mr. Seward July 



9 


1861. 


317 


21 


1861. 


319 


10, 


1861. 


319 


27, 


1861. 


320 


6 


1861. 


322 


23, 


1861. 


323 


30, 


1861. 


324 


2. 


1861. 


324 


20 


1861. 


226 


22 


1861. 


327 


15, 


1861. 


329 


18 


1861. 


331 


3, 


1861. 


332 


7, 


1861. 


332 


2, 


1861. 


333 


8, 


1861. 


33.7 



ANNUAL MESSAGE OF THE PEESIDENT. 

SWITZERLAND— Continued. 

Mr. he ward to Mr. Fogg, (extract) July 

Same to same Aug. 

Same to same Sept. 

NETHERLANDS. 

Mr. Seward to Mr. Pike ., May 

Mr. Murphy to Mr. Seward, (extract) .. April 

Same to same, (with an accompaniment) April 

Same to same, (with an accompaniment) April 

Same to same ... . . May 

Mr. Pike to Mr. Seward, (extracts) ---- June 

Same to same, (extract) June 

Same to same, (extracts) June 

Mr. Seward to Mr. Pike June 

Mr. Pike to Mr. Seward, (extract, -with accompaniments) June 

Mr. Seward to Mr. Pike July 

Mr. Pike to Mr. Seward, (extracts) July 

Mr. Seward to Mr. Pike July 

Same to same July 

Mr. Pike to Mr. Seward, (extract) .' July 

Mr. Seward to Mr. Pike Jidy 

Same to same ... - Aug. 

Mr. Pike to Mr. Seward Aug. 

Same to same, (extract) Aug. 

Same to same, (with an accompaniment ) - Sept. 

Mr. Seward to Mr. Pike Sept. 

Mr. Pike to Mr. Seward, (extract) Sept. 

Same to same, (extract) - Sept. 

Mr. Seward to Mr. Pike Sept. 

Mr. Pike to Mr. Seward, (extracts, with an accompaniment) Sept. 

Mr. Seward to Mr. Pike Sept. 

Same to same Oct. 

Mr. Pike to Mr. Seward Oct. 

Mr. Seward to Mr. Pike Oct. 

Mr. Pike to Mr. Seward, (extracts) Oct. 

Same to same, (with an accompaniment) — ....... Oct. 

Mr. Seward to Mr. Pike s Oct. 

Mr. Pike to Mr. Seward Oct. 

Mr. Seward to Mr. Pike Oct. 

Same to same — — Nov. 

Mr. Pike to Mr. Seward, (extract, with an accompaniment) Nov. 

Mr. Seward to Mr. Pike Nov. 

Same to same Nov. 

Same to same.... Nov. 



27 



Page. 

29,1861. 338 

G,1861. 338 

14. ISGl. 339 



16 


1861. 


2 


1861. 


10 


1861. 


30 


1861. 


27 


1861. 


8 


1861. 


12 


1861. 


14 


1861. 


14 


1861. 


16 


1861. 


1 


1861. 


4 


1861. 


8 


1861. 


8 


1861. 


12 


1861. 


26 


1861. 


15 


1861. 


18 


1861. 


28, 


1861. 


4, 


1861. 


5 


1861. 


11, 


1861. 


18, 


1861. 


23, 


1861. 


25, 


1861. 


28, 


1861. 


4, 


1861. 


9, 


1861. 


10, 


1861. 


12, 


1861. 


16, 


1861. 


17, 


1861. 


23, 


1861. 


30, 


1861. 


2, 


1861. 


6, 


1861. 


11, 


1861. 


11, 


1861. 


23, 


1861. 



28 ANNUAL MESSAGE OF THE PRESIDENT. 

TURKEY. 

Page. 

Mr. Brown to Mr. Seward, (extract) May 29, 18G1. 389 

Same to same, (extract) June 11,1861. 389 

Same to same, (with an accompaniment) Jmie 12,1801. 390 

Same to same, (extract, with accompaniments) July 17,18G1. 391 

Mr. Seward to Mr. Morris Aug. 28,1SG1. .392 

SWEDEN. 

Mr. Angel to Mr. Seward, (extract) May 22, 18G1. 395 

Same to same, (extract, with an accompaniment) May 30, lOGl. 39.5 

Same to .same, (extract) June 4,1861. 39G 

Same to same, (extract) June 10,1861. 396 

Mr. Haldeman to Mr. Seward, (extract) June 14, 1861. 397 

Same to same, (extract) July 4,1861. 397 

Mr. Seward to Mr. Haldeman July 8,1861, 398 

Same to same July 25,1861. 398 

Mr. Haldeman to Mr. Seward, (extracts) July 28,1801. 399 

Mr. Seward to Mr. Haldeman July 30,1801. .399 

Same to same Aug. 19,1861. 400 

Same to same, (extract) Aug. 19,1861. 400 

Same to same, (extract) Sept. 7,1801. 401 

PORTUGAL. 

Mr. Morgan to Mr. Seward, (extract) April G, 18GL 403 

Same to same, (with an accompaniment) May 29, 1861. 403 

Mr. Harvey to Mr. Seward July 25,1861. 405 

Same to same, (extract, with an accompaniment ) July 28,1861. 406 

Same to same, (with accompaniments) Jirly 30,1801. 408 

Mr. Seward to Mr. Harvey July 30, 1861. 409 

Same to same ^ Aug. 17,1861. 411 

Same to same Aug. 21,1861. 411 

Same to same Aug. 24,1861. 412 

Mr. Harvey to Mr. Seward, (with an accompaniment) Aug. 25,1801. 412 

PERU. 

Mr. Seward to Mr. Robinson Nov. 12,1801. 415 

GUATEMALA. 

Mr. Crosby to Mr. Seward, (extract) June 1,1861. 417 

NICARAGUA. 

Mr. Seward to Mr. Dickinson .June 5,1801. 419 

EGYPT. 

Mr. Thayer to Mr. Seward June 29,1861, 421 

Same to same, (extract) .July 20,1801. 423 

Mr. Seward to Mr. Thayer Aug. 13,1801. 425 



ANNUAL MESSAGE OF THE PRESIDENT. 29 

VENEZUELA. 

Mr. Turpiu to Mr. Seward, (extract) July 27,1861. 427 

CHILI. 

Mr. Eigler to Mr. Seward, (extract, with an accompauimc'ut) Aug, 2,1861. 429 

iSame to same, (extract, with aa accompaniment).... .. . .. . Aug. 17,1861. 430 

Same to same, (extract, with an accompaniment) Sept. 2,1861. 431 

HAWAIIAN ISLANDS. 

Mr. Dryer to Mr. Seward, (extract, with accompaniments) Sept. 5, 18G1. 433 

Same to same, (with an accompaniment).... .......... Sept. 7,1861. 43€ 

JAPAN. 

Mr. Harris to Mr. Seward, (with accompaniments) July 9,1861. 437 

;' Mr. Seward to Mr. Harris Oct. 21,1861. 441 



CORRESPONDENCE, 



3Ir. Black {Secretary cf State) to all the ministers of the United States. 

CIRCULAR. 

Department of State, 
Washington, February 28, 1861. 

Sir : You are, of course, aware that the election of last November resulted 
in the choice of Mr. Abraham Lincoln ; that he was the candidate of the re - 
publican or anti-slavery party; that the preceding' discussion had been con- 
fined almost entireh" to topics connected, directly or indirectly, with the sub- 
ject of negro slavery; that every northern State cast its whole electoral 
vote (except three in New Jersey) for Mr. Lincoln, while in the whole south 
the popular sentiment against him was almost absolutely universal. Some 
of the southern States, immediately after the election, took measures for 
separating themselves from the Union, and others soon followed their 
example. Conventions have been called in South Carolina, Georgia, Florida, 
Alabama, Mississippi, Louisiana, and Texas, and those conventions, in all 
except the last-named State, have passed ordinances declaring their seces- 
sion from the federal government. A congress, composed of representatives 
from the six first-named States, has been assembled for some time at Mont- 
gomery, Alabama. By this body a provisional constitution has been framed 
for what it styles the " Confederated States of America." 

It is not improbable that persons claiming to represent the States which 
have thus attempted to throw off their federal obligations will seek a recog- 
nition of their independence by the Emperor of Russia. In the event of such 
an effort being made, you are expected hj the President to use such means 
a.s may in your judgment be proper and necessary to prevent its success. 

The reasons set forth in the President's message at the opening of the 
present session of Congress, in support of his opinion that the States have 
no constitutional power to secede from the Union, are still unanswered, and 
are believed to be unanswerable. The grounds upon which thej' have 
attempted to justify the revolutionary act of severing the bonds which con- 
nect them with their sister States are regarded as wholly insufficient. This 
government has not relinquished its constitutional jurisdiction within the 
territory of those States, and does not desire to do so. 

It must be very evident that it is the right of this government to ask of 
all foreign powers that the latter shall take no steps which ma,j tend to 
encourage the revolutionary movement of the seceding States, or increase 
the danger of disaffection in those which still remain loyal. The President 
feels assured that the government of the Emperor will not do anj'thing in 
these affairs inconsistent with the friendship which this government has 
always heretofore experienced from him and his ancestors. If the- inde- 
pendence of the " Confederated States" should be acknowledged by the 
great powers of Europe it would tend to disturb the friendly relations, diplo- 
matic and commercial, now existing between those powers and the United 



32 ANNUAL MESSAGE OF THE PEESIDENT. 

States. All these are consequences which the court of the Emperor will not 
fail to see are adverse to the interests of Russia as well as to those of this 
country. 

Your particular knowledge of our political institutions will enable jon to 
explain satisfactorily the causes of our present domestic troubles, and the 
grounds of the hope still entertained that entire harmony will soon be 
restored. 

I am, sir, respectfully, your obedient servant, 

J. S. BLACK. 

John Appletox, Esq., etc., Sc, &c. 

The same, mutatis mutandis, to W. Preston, Esq., Madrid; E. G. Fair, Esq., 
Brussels; Theo. S. Fav, Esq., Berne; Jos. A. Wright, Esq., Berlin; J. G. 
Jones, Esq., Vienna; J. Williams, Esq., Constantinople; Geo. M. Dallas, 
Esq., London; Chas. J. Faulkner, Esq., Paris; Henry C. Murphy, Esq., 
Haerue. 



3Ir. Seward {Secretary of State) to all the ministers of the United States. 

CIRCULAE. 

Department of State, 

Washington, March 9, 1861. 

Sir: My predecessor, in his despatch, number 10, addressed to you on tlte 
28th of February last, instructed you to use all proper and necessary 
measures to prevent the success of eflforts which may be made by persons 
cJaiming to represent those States of this Union in whose name a provisional 
government has been announced to procure a recognition of their inde- 
pendence by the government of Spain. 

I am now instructed by the President of the United States to inform you 
that, having assumed the administration of the government in pursuance of 
an unquestioned election and of the directions of the Constitution, he renews 
the injunction which I have mentioned, and relies upon the exercise of the 
greatest possible diligence and fidelity on your part to counteract and pre- 
vent the designs of those who would invoke foreign intervention to embar- 
rass or overthrow the republic. 

When you reflect on the novelty of such designs, their unpatriotic and 
revolutionary character, and the long train of evils which must follow 
directly or consequentially from even their partial or temporary success, 
the President feels assured that you will justly appreciate and cordially 
approve the caution which prompts this communication. 

I transmit herewith a copy of the address pi'onounced by the President 
on taking the constitutional oath of office. It sets forth clearly the errors 
of the misguided partisans who are seeking to dismember the Union, the 
grounds on which the conduct of those partisans is disallowed, and also the 
general policy which the government will pursue with a view to the preser- 
vation of domestic peace and order, and the maintenance and. preservation 
of the federal Union. 

You will lose no time in submitting this address to the Spanish minister 
for foreign affairs, and in assuring him that the President of the United 
Staters entertains a full confidence in the speedy restoration of the harmony 
and unity of the government by a firm, yet just and liberal bearing, co- 
operating with the deliberate and loyal action of the American people. 

You will truthfully urge upon the Spanish government the consideration 



ANNUAL MESSAGE OF THE PEESmENT. 33 

that tlie present disturbances have had their origin only in popular passions, 
excited under novel circumstances of very transient character, and that 
while not one person of well-balanced mind has attempted to show that dis- 
memberment of the Union would be permanently conducive to the safety and 
welfare of even his own State or section, much less of all the States and sec- 
tions of our country, the people themselves still retain and cherish a pro- 
found confidence in our happy Constitution, together with a veneration and 
afiection for it such as no other form of government ever received at the 
hands of those for whom it was established. 

We feel free to assume that it is the general conviction of men, not only 
here but in all other countries, that this federal Union affords a better sys- 
tem than any other that could he contrived to assure the safety, the peace, 
the prosperity, the welfare, and the happiness of all the States of which it 
is composed. The position of these States, and their mining, agricultural, 
manufacturing, commercial, political, and social relations and influences, 
seem to make it permanently the interest of all other nations that our 
present political system shall be unchanged and undisturbed. Any advan- 
tage that any foreign nation might derive from a connexion that it might 
form with any dissatisfied or discontented portion, State, or section, even if 
not altogether illusory, would be ephemeral, and would be overbalanced by 
the evils it would suffer from a disseverance of the whole Union, whose 
manifest policy it must be hereafter, as it has always been heretofore, to 
maintain peace, liberal commerce, and cordial amity with all other nations, 
and to favor the establishment of well-ordered government over the whole 
American continent. 

Nor do we think we exaggerate our national importance when we claim 
that any political disaster that should befall us, and introduce discord or 
anarchy among the States that have so long constituted one great pacific, 
prosperous nation, under a form of government which has approved itself to 
the respect and confidence of mankind, might tend by its influence to dis- 
turb and unsettle the existing systems of government in other parts of the 
world, and arrest that progress of improvement and civilization which 
marks the era in which we live. 

The United States have had too many assurances and manifestations of 
the friendship and good will of her Catholic Majesty to entertain any doubt 
that these considerations, and such others as your own large experience of 
the working of our federal system will suggest, will have their just influence 
with her, and will prevent her Majesty's government from yielding to solici- 
tations to intervene in any unfriendly way in the domestic concerns of our 
country. The President regrets that the events going on here may be pro- 
ductive of some possible inconvenience to the people and subjects of Spain; 
but he is determined that those inconveniences shall be made as light and 
as transient as possible, and, so far as it may rest with him, that all strangers 
who may suffer any injury from them shall be amply indemnified. The Presi- 
dent expects that you will be prompt in transmitting to this department 
any information you may receive on the subject of the attempts which have 
suggested this communication, 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

W. Preston, Esq., Madrid. 

The same, mutatis mutandis, to E. G. Fair, Esq., Brussels; Theo. S. Fay, Esq., 
Berne; Jos. A, Wbight, Esq., Berlin; J. G. Jones, Esq., Vienna; J. WiL' 
LiAMs, Esq., Constantinople; Geo. M. Dallas, Esq., London; Chas. J. Faulk* 
NER, Esq., Paris; John Appleton, Esq., St. Petersburg; Henbt C. Murphy, 

■ Esq., Hague. 

Ex. Doc. 1 3 



34 ANNUAL MESSAGE OF THE PEESIDENT. 

Mr. Seward to ministers of the United States in Great Britain, France, JRussia, 
Prussia, Austria, Belgium, Italy, and Denmark. 

CIRCULAR. 

Department of State, 

Washington, April 24, 1861, 

Sir: The advocates of benevolence and the believers in human progress, 
encouraged by the slow though marked meliorations of the barbarities of 
war which have obtained in modern times, have been, as you are well aware, 
recently engaged with much assiduity in endeavoring to effect some modifi- 
cations of the law of nations in regard to the rights of neutrals in maritime 
war. In the spirit of these movements the President of the United States, 
in the year 1854, submitted to the several maritime nations two propositions, 
to which he solicited their assent as permanent principles of international 
law, which were as follows: 

1. Free ships make free goods; that is to say, that the effects or goods 
belonging to subjects or citizens of a power or State at war are free from 
capture or confiscation when found on board of neutral vessels, with the 
exception of articles contraband of war. 

2. That the property of neutrals on board an enemy's vessel is not sub- 
ject to confiscation unless the same be contraband of war. 

Several of the governments to which these propositions were submitted 
expressed their willingness to accept them, while some others, which were 
in a state of war, intimated a desire to defer acting thereon until the return 
of peace should present what they thought would be a more auspicious 
season for such interesting negotiations. 

On the 16th of April, 1856, a congress was in session at Paris. It con- 
sisted of several maritime powers, represented by their plenipotentiaries, 
namely, Great Britain, Austria, France, Russia, Prussia, Sardinia, and Tur« 
key. That congress having taken up the general subject to which allusion 
has already been made in this letter, on the day before mentioned, came to 
an agreement, which they adopted in the form of a declaration, to the effect 
following, namely: 

1. Privateering is and remains abolished. 

2. The neutral flag covers enemy's goods, with the exception of contra- 
band of war. 

3. Neutral goods, with the exception of contraband of war, are not liable 
to capture under enemy's flag. 

4. Blockades, in order to be binding, must be effective; that is to say, main- 
tained by forces sufficient really to prevent access to the coast of the enemy. 

The agreement pledged the parties constituting the congress to bring the 
declaration thus made to the knowledge of the States which had not been 
represented in that body, and to invite them to accede to it. The congress, 
however, at the same time insisted, in the first place, that the declaration 
should be binding only on the powers who were or should become parties to 
it as one whole and indivisible compact; and, secondly, that the parties who 
bad agreed, and those who should afterwards accede to it, should, after the 
adoption of the same, enter into no arrangement on the application of mari- 
time law in time of war without stipulating for a strict observance of the 
four points resolved by the declaration. 

The declaration which I have thus substantially recited of course pre- 
vented all the powers which became parties to it from accepting the two 
propositions which had been before submitted to the maritime nations by 
the President of the United States. 

The declaration was, in due time, submitted by the governments repre- 
sented in the congress at Paris to the government of the United States. 



ANNUAL MESSAGE OF THE PRESIDENT. 35 

The President, about the 14th of July, 1856, made known to the States 
concerned his unwillingness to accede to the declaration. In making that 
announcement on behalf of this government, my predecessor, Mr. Marcy, 
called the attention of those States to the following points, namely: 

1st. That the second and third propositions contained in the Paris decla- 
ration are substantially the same with the two propositions which had 
before been submitted to the maritime States by the President. 

2d. That the Paris declaration, with the conditions annexed, was inad- 
missible by the United States in three respects, namely: 1st. That the gov- 
ernment of the United States could not give its assent to the first proposi- 
tion contained in the declaration, namely, that "Privateering is and remains 
abolished," although it was willing to accept it with an amendment which 
should exempt the private property of individuals, though belonging to 
belligerent States, from seizure or confiscation by national vessels in mari- 
time war. 2d. That for this reason the stipulation annexed to the declara- 
tion, viz: that the propositions must be taken altogether or rejected alto- 
gether, without modification, could not be allowed. 3d. That the fourth 
condition annexed to the declaration, which provided that the parties acced- 
ing to it should enter into no negotiation for any modifications of the law of 
maritime war with nations which should not contain the four points con- 
tained in the Paris declaration, seemed inconsistent with a proper regard to 
the national sovereignty of the United States. 

On the 29th of July, 1856, Mr. Mason, then minister of the United States 
at Paris, was instructed by the President to propose to the government of 
France to enter into an arrangement for its adherence, with the United 
States, to the four principles of the declaration of the congress of Paris, 
provided the first of them should be amended as specified in Mr. Marcy's 
note to the Count de Sartiges on the 28th of July, 1856. Mr. Mason accord- 
ingl}' brought the subject to the notice of the imperial government of France, 
which was disposed to entertain the matter favorablj^, but which failed to 
communicate its decision on the subject to him. Similar instructions regard- 
ing the matter were addressed by this department to Mr. Dallas, our minister 
at London, on the 31st day of January, 1857; but the proposition above 
referred to had not been directly presented to the British government by 
him when the administration of this government by Franklin Pierce, during 
whose term these proceedings occurred, came to an end, on the 3d of March, 
1857, and was succeeded by that of James Buchanan, who directed the nego- 
tiations to be arrested for the purpose of enabling him to examine the 
questions involved, and they have ever since remained in that state of sus- 
pension. 

The President of the United States has now taken the subject into consid- 
eration, and he is prepared to communicate his views upon it, with a dispo- 
sition to bring the negotiation to a speedy and satisfactory conclusion. 

For that purpose you are hereby instructed to seek an early opportunity to 
call the attention of her Majesty's government to the subject, and to ascertain 
whether it is disposed to enter into negotiations for the accession of the gov- 
ernment of the United States to the declaration of the Paris congress, with 
the conditions annexed by that body to the same; and if you shall find .that 
government so disposed, you will then enter into a convention to that eflect, 
substantially in the form of a project for that purpose herewith transmitted 
to you; the convention to take effect from the time when the due ratifica- 
tions of the same shall have been exchanged. It is presumed that you will 
need no special explanation of the sentiments of the President on this sub- 
ject for the purpose of conducting the necessary conferences wnth the gov- 
ernment to which you are accredited. Its assent is expected on the ground 
that the proposition is accepted at its suggestion, and in the form it has 



36 ANNUAL MESSAGE OF THE PRESIDENT. 

preferred. For your own information it will be siiflficient to say that the 
President adheres to the opinion expressed by my predecessor, Mr. Marcy, 
that it would be eminently desirable for the good of all nations that the 
property and effects of private individuals, not contraband, should be exempt 
from seizure and confiscation by national vessels in maritime war. If the 
time and circumstances were propitious to a prosecution of the negotiation 
with that object in view, he would direct that it should be assiduously pur- 
sued. But the right season seems to have passed, at least for the present. 
Europe seems once more on the verge of quite general wars. On the other 
band, a portion of the American people have raised the standard of insurrec- 
tion, and proclaimed a provisional government, and, through their oi'gans, 
have taken the bad resolution to invite privateers to prey upon the peaceful 
commerce of the United States. 

Prudence and humanity combine in persuading the President, under the 
circumstances, that it is wise to secure the lesser good offered by the Paris 
congress, without waiting indefinitely in hope to obtain the greater one 
offered to the maritime nations by the President of the United States. 
I am, sir, respectfully, your obedient servant. 

WILLIAM H. SEWARD. 

Charles Fkancis Adams, Esq., <&c., &c., &c. 

The same, mutatis mutandis, to the ministers of the United States in France, 
Russia, Prussia, Austria, Belgium, Italy, and Denmark. 



Convention upon the subject of the rights of belligerents and neutrals in time of 
war, betiveen the United States of America and her Majesty the Queen of 
Great Britain and Ireland. 

The United States of America and her Majesty the Queen of Great Britain 
and Ireland, being equally animated by a desire to define with more pre- 
cision the rights of belligerent and neutrals in time of war, have, for that 
purpose, conferred full powers, the President of the United States upon 
Charles F. Adams, accredited as their envoy extraordinary and minister 
plenipotentiary to her said Majesty, and her Majesty the Queen of Great 
Britian and Ireland, upon 

And the said plenipotentiaries, after having exchanged their full powers, 
have concluded the following articles : 

Article I. 

1. Privateering is and remains abolished. 2. Tlie neutral flag covers 
enemy's goods, with the exception of contraband of war. 3. Neutral goods, 
•with the exception of contraband of war, are not liable to capture under 
enemy's flag. 4. Blockades in order to be binding, must be effective; that 
is to say, maintained by a force sufficient really to prevent access to the 
coast of the enemy. 

Article II. 

The pi'esent convention shall be ratified by the President of the United 
States of America, by and with the advice and consent of the Senate, and 
by her Majesty the Queen of Great Britain and Ireland, and the ratifications 
shall be exchanged at Washington, within the space of six months from the 
signature, or sooner if possible. In faith whereof, the respective plenipo- 
tentiaries have signed the present convention in duplicate, and have thereto 
affixed their seals. « 

Done at London, the day of , in the year of our Lord, one 

thousand eight hundred and sixty-one (186L) 



PRUSSIA. 



Mr. Seward to Mr. Judd. 

[Extract.] 

No. 1.] Department of State, 

Washington, March 22, 1861. 

Sir: Contrary to what usually happens in giving instructions to a minister 
going abroad, I am directed by the President to ask you to fix your atten- 
tion in the first instance, and to keep it constantly fixed, on the actual con- 
dition of affairs at home. I allude, of course, to the unlawful and uncon- 
stitutional attempt which is being made to detach several of the States 
from the federal Union, and to organize them as an independent republic 
under the name of the " Confederate States of America." 

You are well aware of what you will find Europeans unable to under- 
stand, namely, that owing to the very peculiar structure of our federal gov- 
ernment, and the equally singular character and habits of the American 
people, this government not only wisely but necessarily hesitates to resort 
to coercion and compulsion to secure a return of the disaffected portion of 
the people to their customary allegiance. The Union was formed upon 
popular consent and must always practically stand on the same basis. The 
temporary causes of alienation must pass away; there must needs be disasters 
and disappointments resulting from the exercise of unlawful authority by 
the revolutionists, while happily it is certain that there is a general and 
profound sentiment of loyalty pervading the public mind throughout the 
United States. While it is the intention of the President to maintain the 
sovereignty and rightful authority of the Union everywhere with firmness as 
well as discretion, he at the same time relies with great confidence on the 
salutary working of the agencies I have mentioned, to restore the harmony 
and Union of the States. But to this end it is of the greatest importance 
that the disaffected States shall not succeed in obtaining favor or recognition 
from foreign nations. 

It is understood that the so-called Confederate States of America have 
sent, or are about to send, agents to solicit such recognition in Europe, 
although there is no special reason for supposing Prussia to be one of the 
nations to which application will be made. An almost electric political con- 
nexion, however, exists between the several capitals of western Europe, 
and therefore your most efficient and unfailing efforts must be put forth 
directly, and even indirectly, to prevent the success of that ill-starred 
design. 

This matter was deemed so important by the late administration that my 
predecessor, on the 28th of February last, made it a subject of a circular 
despatch, of which an original part was transmitted by him to Mr. Wright, 
who proceeded you in your mission. 

The present administration entertain the same general view of the sub- 
ject which in that despatch was taken by Mr. Buchanan. Accordingly, on 
the 9th day of March instant, I sent to our representatives abroad a new 
circular letter in which I reiterated and amplified the instructions which 



38 ANNUAL MESSAGE OF THE PRESIDENT. 

had thus been given to them by Mr. Black. Although that circular will be 
found in the archives of your legation, yet for your greater convenience I 
append a copy of it to this communication. 

This department has little more to add to that paper when it is read, as it 
ought to be, in connexion with the President's inaugural address, on which 
it rests for its basis. 

It may, however, be well to call your attention to the fact that in that 
communication, as in this, I have forborne altogether from discussing the 
groundless complaints and pretexts which have been put forth by the organs 
of disunion to justify the rash and perilous revolution which they are 
attempting to inaugurate. I have practiced this reticence not because the 
point is unimportant, but because the dispute is purely a domestic one, and 
the President would not willingly have the archives of our legations bear 
testimony to so un-American a proceeding as an acknowledgment, even by 
indirection, that this government ever consented to join issue upon a purely 
family matter of this kind with a portion of our own citizens before a foreign 
tribunal. Nevertheless, should you find that any weight is given to those 
complaints and pretexts in the court to which you are accredited, your per- 
fect knowledge of all the transactions involved, will, I am sure, enable you 
to meet them conclusively and satisfactorily without precise instructions on 
that point. 

You will not take up any subject of controversy or debate that may arise 
between the governments of Prussia and the United States, without first 
communicating the matter to this department, and you will practice the 
same forbearance on any subject of controversy which your predecessor 
may have left for your attention. These instructions are given you because 
it is our first and most earnest desire and expectation that you will avoid 
all possible forms of offence or irritation, and will, on the other hand, 
endeavor to establish the most friendly and cordial relations with the govern- 
ment of the King of Prussia. With this view you will assure his Majesty 
that the Pi'esident and people of the United States entertain sentiments of 
the highest respect and sincere good will for his Majesty and the people of 
Prussia. 



I am, sir, your obedient servant, 
Norman B. Judd, Esq , c&c., d;c., &c. 



WILLIAM H. SEWARD. 



Mr. Wright to Mr. Seward. 
[Extract.] 

No. 173.] United States Legation, 

Berlin, May 8, 1861. 

Sir: I have, since my return, had a long interview with Baron Von 
Schleinitz, the minister for foreign affairs, who, whilst he expressed the 
earnest sympathy of his government with the American people in their 
present troubles, not only because of the efiFect of such disturbances upon 
the commerce of Europe, but also on account of the intimate relations 
between the two countries, owing to the presence of a large German popula- 
tion in the United States, gave me the most positive assurance that his 
government, from the principle of unrelenting opposition to all revolutionary 



ANNUAL MESSAGE OF THE PRESIDENT. 39 

movements, would be one of the last to recognize any de facto government 
of the disaffected States of the American Union. 

The news of to-day has exerted the most unhappy influence upon the 
Americans here, and the universal sentiment is a profound desire and a hope 
for the restoration of peace in the United States. * * * 

I have the honor to be, most respectfully, your verv obedient servant, 

JOSEPH A. WRIGHT. 
His Excellency Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Wright to Mr. Seward. 

[Extract.] 
No. 174. J United States Legation, 



Sir: 

5f: 



Berlin, May 15, 1861. 



The proclamation of the President was received by the previous mail, and 
the subject has received due consideration. 

On receipt of your circular dated the 20th of April, I immediately called 
upon Baron de Schleinitz, minister of foreign affairs, who had received the 
proclamation of the President, and he at once promptly informed me that, in 
his opinion, no apprehension need be entertained as to Prussian subjects 
engaging under the authority of the so-called Confederate States in fitting 
out privateers, or in any manner interfering with our commerce. Prussia 
has but few ports. Hers is not a sea-faring people, and the sympathies of 
the government and of the people arc with the United States. Whatever 
danger may be apprehended on this subject must come from Bremen, Ham- 
burg, and other ports situated in Oldenburg, Hanover, i&c. Due vigilance 
will be used to prevent any such unlawful interference, and if any such be 
detected the proper authorities will be promptly advised thereof, and every 
effort will be made to suppress it. Not knowing whether your circular has 
been sent to the consuls, I have forwarded copies to several already. 

I have the honor to be, very respectfully, your obedient servant, 

JOSEPH A. AVRIGHT. 
Hi§ Excellency Hon. William H. Seward, 

Secretary of State, Washington, D. G. 



Mr. Wright to Mr. Seward. 

[Extract.] 

No. 115.] United States Legation, 

Berlin, May 26, 1861. 

Sir: 

***** * 

Enclosed is a copy of a recent communication to the minister of foreign 
affairs. Prussia will take efficient steps to sustain the government of the 



40 ANNUAL MESSAGE OF THE PRESIDENT. 

United States in the protection of property and commerce, and will do all 
she can, consistently with her obligations to other governments, to sustain 
the vigorous action of our government in maintaining law and order. 

The minister of foreign affairs, Baron Von Schleinitz, informed me on 
yesterday that it was the intention of the government to issue a proclama- 
tion touching these questions. 

The government and people are, in spirit and feeling, with us. I am in 
the receipt of hundreds of letters and personal calls seeking positions in the 
American army, and asking for means of conveyance to our shores. So 
numerous, indeed, are the applications, that I have been compelled to place 
on the doors of the legation a notice to the purport that " This is the lega- 
tion of the United States, and not a recruiting oflSce." The fidelity and 
firmness exhibited with such unanimity by our own people in sustaining the 
administration in their efforts to put down the outrages of the so-called 
" Confederate States," whilst it astonishes the people of the old world, is at 
the same time rapidly creating a sentiment of confidence in our ability to 
maintain unimpaired the institutions of our fathers. 

Let the cost be what it may, we must vindicate the memory of our fathers 
from the slanders announced by those in high places in the so-called " Con- 
federate States," wherein they have proclaimed ours is only a confederation 
of States, and not a national union. 

I have the honor to be, most respectfully, your obedient servant, 

JOSEPH A. WRIGHT. 
His Excellency Hon. William H. Sewaed, 

Secretary of State, Washington, D. G. 



Mr. Wright to Mr. Seward. 
[Extracts.] 



No, It 6.] United States Legation, 

Berlin, June 8, 1861. 

Sir: Although the Prussian government has not issued a proclamation 
upon the subject referred to in my last despatch, I still continue to receive 
from the minister of foreign affairs the strongest assurances of the sympathies 
and friendship of this government. * * * * 

Your circular of the 6th of May has been received, but the subject had 
been duly considered previously thereto. No opportunity will be neglected 
to counteract any efforts that may be made by individuals or associations in 
negotiations hostile to the United States. 

I have the honor to be, most respectfully, your obedient servant, 

JOSEPH A. WRIGHT. 
Hon, William H. Seward, 

Secretary of State, Washington, D G. 



ANNUAL MESSAGE OF THE PEESIDENT. 41 

Mr. Wright to Mr. Seward. 

[Extract.] 

No. 1Y8.] United States Legation, 

Berlin, June 25, 1861. 

Sir: 

3fJ 5|C 3JC JfC SjC *I* 

I have received this moment a copy of the National Zeitung, containing the 
despatch of Baron Schleinitz to Baron Gerolt; and also an order from the 
minister of commerce, addressed to Prussian subjects engaged in trade and 
commerce. This is not what I had expected. I was anticipating a procla- 
mation from the King more full and distinct. This will doubtless have the 
desired efiect, as it will be published in all the German journals, and coming 
from Prussia will be duly respected by the German States and Free Cities. 
Their sympathy and spirit is with the United States government. 
Mr. Judd is expected on the 2Tth instant. 

I have the honor to be, very respectfully, your obedient servant, 

JOSEPH A. WRIGHT. 
Hon. William H. Seward, 

Secretary of State, Washington City. 



Baron Schleinitz to Baron Gerolt. 
[Translation .] 

Berlin, June 13, 1861, 

The various herewith enclosed statements, by wliich your excellency has 
given me a knowledge of the occurrences through which the internal tran- 
quillity of the Union is disturbed, have called forth my serious considera- 
tion. The hope which, until now, we so willingly entertained, that the 
inchoate conflict between the government of the United States and sundry 
of the southern States of the Union would be brought to an amicable set- 
tlement, is now, unhappily, in view of existing conditions, borne back to a 
far distance. 

The indubitable fact of the state of the intestine warfare in which the 
Union is placed is a source of deep regret to the King's government. The 
relations of close friendship which connect Prussia and the government of 
the United States exist from the foundation of the Union. They have en- 
dured nearly a hundred years ; never at any time disturbed by change of 
circumstances, nor in any wise impaired. 

By a series of treaties, by means of which the improvement of the inter- 
ests of manufacture and commerce on either side has been eminently 
developed, the intimate relations between the two States have attained a 
prosperous durability. At no time, between these two powers, has any 
collision of antagonistic interests found a foothold. The soaring flight 
which the internal prosperity of the Union has taken, extending its range 
from year to year by means of the bond of unity of the States thus knit 
together, the commanding attitude which North America has attained, 
abroad, has been looked upon by Prussia not merely with no dissatisfaction 
but has rather been greeted by her with honest sympathy. 

The more earnestly, then, do we regret that the continuance of so pros- 
perous a condition of things should appear to be placed in question by the 



42 ANNUAL MESSAGE OF THE PEESIDENT. 

inchoate disturbance of that internal unity, the unshaken existence of which 
had, until this time, formed the surest foundation of the Union. It behooves 
not the royal government either to discuss the causes of existing contro- 
versies or to pass judgment upon those debatable questions which belong 
entirely to the domestic relations of the Union. Our whole endeavor in 
this matter must be addressed to sustaining the United States in their here- 
tofore existing relations with us, even under the difficult circumstances of 
the present time. 

Nevertheless, by the serious turn which the conflict that has broken ont 
has already taken, and by the consequent self-reliant mode of proceeding of 
the government of the United States in relation to blockades, and the 
treatment of neutral navigation, essential and important interests on this 
side are also affected, and the royal government has taken into earnest con- 
sideration the protection thereof on grounds of international law and in 
conformity with treaty stipulations. 

Your excellency has full knowledge of the negotiations which, through a 
series of years, were carried on between Prussia and the United States, 
upon the principles which ought to be brought into application in naval war- 
fare in relation to the rights of neutral shipping. It is to the credit of the 
North American Cabinet that, in the year 1854, it availed itself of the plan of 
a treaty, proposed with us, to be first to take the initiative for putting the 
rights above mentioned in liberal and practical shape upon a broader foundar 
tion of well settled principles. We then willingly acceded to the North 
American proposition, and although the negotiations conducted by your 
excellency were closed without attaining the desired result, because a stand 
was then taken against that abolition of privateering which was suggested 
by us, it has, meantime, nevertheless, so fallen out that the general united 
desire to establish the recognition of the rights of neutral shipping during 
maritime warfare upon more extended and unassailable foundations has 
attracted, in praiseworthy degree, the attention of the great powers of Eu- 
rope. The declaration upon maritime rights by the Paris convention, on 
the 16th April, 1856, stands in evidence of this. The collective States of 
Europe, with the exception of Spain only, gave their adhesion thereto. But 
the United States of North America, in regard to the first principle con- 
cerning the abolition of privateering, to our regret, thought proper to qualify 
their assent to the Paris declaration, if we do not misapprehend the liberal 
and well-intentioned views by which that cabinet was guided in the matter. 
These were made known in the proposition of President Pierce upon the 
subject, according to which the principle that private propei'ty on the seas 
should be altogether inviolable, should be included among the provisions of 
the law of nations. It is to be regretted that the President did not succeed 
in giving efiect to his proposition. The estimation with which we regarded 
his course is sufficiently known to your excellency. 

By reason of the consequently prevailing doubts about the treatment to 
which neutral shipping may be subjected during the condition of things 
there connected with an incipient state of war, I must request your excel- 
lency will please to make this interesting question the subject of a friendly 
and unreserved conference with the Secretary of State of that country. 

It would certainly be most desirable to us that the government of the 
United States might embrace this occasion to announce their adhesion to 
the Paris declaration. Should this not be attained, then, for the present, we 
would urge that an exposition might be made, to be obligatory during the 
now commencing intestine war, in regard to the application generally of 
the second and third principles of the Paris declaration to neutral shipping. 
The provision of the second principle, that the neutral flag covers the 



ANNUAL MESSAGE OF THE PKESIDENT. 43 

enemy's cargo, (with exceplion of contraband of war,) is already assured 
to Prussian sliipping by our treaty with the United States of May 1, 1828, 
again adopting article twelve of the treaty of September 10, 1185. 

We lay much stress upon this toward bringing round a determination to 
make application of this principle at the present time to neutral shipping 
generally and universally. We doubt this the less because, according to a 
despatch from the then President, addressed by the Secretary of State, L. 
Cass, under date of June 27, 1859, to the minister of the United States in 
Paris, and also communicated to us, without further referring to the Paris 
declaration, it is expressly mentioned that the principle that the neutral flag 
covers the enemy's cargo (contraband of war excepted) would be reduced 
to application in respect to the shipping of the United States always, and in 
its full extent. 

The import of the third principle, by which neutral private property under 
an enemy's flag (except contraband of war) is inviolable, becomes, in respect 
of its immediate recognition by the United States, a stringent necessity to 
the neutral powers. 

Let there be a doubt of the application of this principle, and the business 
enterprises of neutral States are exposed to inevitable shocks, and collisions 
of every conceivable kind are to be dreaded. To provide for the avoidance 
of these in due season, ive must at least anxiously desire. 

It would minister greatly to my satisfaction if your excellency, as soon as 
may be, could officially inform me that the overtures and propositions which 
you are commissioned to make to the administration have found a favorable 
reception. 

SCHLEINITZ. 

His Excellency Baron Von Gerolt, (&c., &c., d;c., Washington, 



[Translation.] 

On the same subject the minister of commerce issued the notification annexed 
to the mercantile classes in the Baltic ports: 

It is my duty to make known to you that during the continuance of the 
conflict which has broken out among the North American States the mercan- 
tile classes must abstain from all enterprises which are forbidden by the 
general principles of international law, and especially by the ordinance of 
the 12th of June, 1856, which has relation to the declaration of the 12th of 
April, 1856, upon the principles of maritime law. Moreover, I will not omit 
to make it especially noticeable by you that the royal government will not 
permit to its shipping or its subjects, which may mix up in these conflicts by 
t-aking letters of marque, sharing in privateering enterprises, carrjnng mer- 
chandise contraband of war, or forwarding despatches, to have the benefit of 
its protection against any losses which may befall them through such 
transactions. 

The equipment of privateers in the ports of this country is forbidden by 
the laws of the land, as is known to the mercantile community. 



44 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Seward to Baron Gerolt. 

Department of State, 

Washington, July 16, 1861. 

The undersigned, Secretary of State of the United States, has the honor 
of acknowledging the receipt of a copy of a letter of instruction, under the 
date of the 13th of June, from Baron Schleinitz, the minister of foreign 
affairs of his Majesty the King of Prussia, to Baron Gerolt, his Majesty's 
envoy extraordinary and minister plenipotentiary to the United States, 
which Baron Gerolt has submitted for perusal to the undersigned. 

Baron Gerolt, in pursuance of this instruction, has referred to doubts said 
to prevail in Europe about the treatment to which neutral^ shipping may 
be subjected during the continuance of the internal disturbance now exist- 
ing in the United States, and has requested from the undersigned an expla- 
nation of the views of this government thereupon. 

Baron Schleinitz, in this communication, has remarked that it would cer- 
tainly be most desirable for Prussia that this government should embrace 
this occasion to announce its adhesion to the celebrated declaration of Paris. 
But that if this could not be attained, then, for the present, the government 
of Prussia would urge that an exposition might be made to be obligatory 
during the present intestine disturbances in the United States, in regard to 
the application generally of the second and third principles of the Paris 
declaration to neutral shipping. 

The second principle of the Paris declaration is, that the neutral flag 
covers the enemy's goods, not contraband of war. 

The third principle is, that the goods, not contraband of war, of a neutral 
found on board an enemy's vessel are exempt from confiscation. 

The undersigned has the pleasure of informing Baron Gerolt, by authority 
of the President of the United States, that the government cheerfully 
declares its assent to these principles in the present case, and to continue 
until the insurrection which now unhappily exists in the United States shall 
have come to an end, and they will be fully observed by this government in 
its relations with Prussia. 

But the undersigned would be doing injustice to this government if he 
should omit to add, by way of explanation, that so long ago as the 24th of 
April last he transmitted ample instructions and powers to Mr. Judd, the 
then newly appointed Minister of the United States to Berlin, authorizing 
him to enter into a treaty (subject to the consent of the Senate of the 
United States) with the kingdom of Prussia for the adhesion of this govern- 
ment to the declaration of the congress at Paris. Similar instructions and 
powers were given to all the ministers appointed to conduct diplomatic 
intercourse with all existing maritime powers. This government in these 
instructions declared its continued desire and preference for the amend- 
ment of the Paris declaration pi-oposed by this government in 1856, to the 
effect that the private or individual property of non-combatants, whether 
belonging to belligerent States or not, should be exempted from confiscation 
in maritime war. But recurring to the previous failure to secure the 
adoption of that amendment, this government instructed its ministers, if 
they should find it necessary, to waive it for the present, and to negotiate 
our adhesion to the declaration pure and simple. 

The delay of Mr. Judd in his departure for Berlin is probably the cause 
why this proposition was not made by him to the Prassian government 
previous to the date of the instruction given by Baron Schleinitz to Baron 
Gerolt, which formed the occasion of the present note. 



ANNUAL MESSAGE OF THE PRESIDENT. 45 

This government having thus practically anticipated the wishes of the 
Prussian government, the undersigned has, of course, been the more at 
liberty to accede to those wishes in the more limited extent in which they 
are expressed by Baron Schleinitz. 

The undersigned at the same time holds himself none the less bound to 
proceed with a view to a more ample and more formal establishment of the 
benign pi'inciples of maritime war in regard to neutral commerce as indi- 
cated in the instructions given to Mr. Judd. 

Of course the undersigned will be understood as not qualifying or modi- 
fying by this communication the right of the United States to close any of 
the national ports which have already fallen or which may fall into the 
hands of the insurgents, either directly or in the lenient and equitable form 
of the blockade which is now in full force. 

The undersigned cannot close this communication without expressing to 
Baron Gerolt the great satisfaction with which this government has learned, 
through the communication now acknowledged, that his Majesty the King of 
Prussia faithfully adheres to the existing treaties between the two countries, 
and fulfils, without question or reservation, all their obligations. This an- 
nouncement is accompanied by assurances of good feeling and good will 
that will not fail, under the peculiar circumstances of the times, to make a 
deep and lasting impression on the government and the people of the United 
States, and to perpetuate the friendship that for near a century has existed 
between the two countries to the great advantage and lasting honor of both. 

Baron Gerolt may be assured that the government and the people of the 
United States have deliberately and carefully surveyed the unhappy disturb- 
ance of their social condition which has caused so much linxiety to all 
friendly commercial nations, and have adopted the necessary means for its 
speedy and complete removal, so that they expect to be able to prosecute 
their accustomed career of enterprise, and, while fulfilling all the national 
obligations, to co-operate with enlightened nations engaged, like Prussia, 
in enlarging and increasing the sway of commerce, and in promoting and 
advancing the high interests of civilization and humanity. 

The undersigned offers to Baron Gerolt renewed assurances of his high 
cx)nsideration. 

WILLIAM H. SEWARD. 

Baron Fr. Gerolt, d:c., &c., &c., 

Washington. 



Baron Gerolt to Mr. Seward. 

[Translation.] 

Legation of Prussia, 
Washington^ July 17, 1861. 

The undersigned, envoy extraordinary and minister plenipotentiary of his 
Majesty the King of Prussia, has had the honor to receive the note of the 
honorable Mr. Seward, Secretary of the United States, in reply to the instruc- 
tions which Baron de Schleinitz, minister of foreign affairs at Berlin, trans- 
mitted to the undersigned to be communicated to the honorable Secretary of 
State of the United States. 



46 ANNUAL MESSAGE OF THE PRESIDENT. 

The undersigned cannot but felicitate himself on the declaration made in 
this note in favor of the treatment of neutrals pending the duration of 
intestine disturbances in the United States, as well as on the sentiments of 
friendship and good understanding expressed in the note of the honorable 
W. H. Seward towards the government of his Majesty, to which the under- 
signed will hasten to communicate these demonstrations of the government 
of the United States. 

The undersigned seizes this occasion to renew to the honorable W. H. 
Seward the protestations of his most distinguished consideration. 

FR. VON GEROLT. 

Hon. William H. Seward, 

Secretary of State of the United States, ^Vashington. 



Mr. Judd to Mr. Seward. 



[Extracts.] 

Legation of the United States, 

Berlin, July 2, 1861. 

Sir: I arrived in Berlin on Thursday, the twenty-seventh ultimo, and was 
cordially welcomed by my predecessor, Mr. Wright, whose attentions and 
civilities, together with the information imparted to me in connexion with 
the mission, have tended very much to make my entry into Berlin and induc- 
tion into office agreeable and pleasant. 

Mr. Wright's position here and his influence, as the representative of our 
government, with the authorities, has been alike creditable and honorable to 
himself and useful to the citizens of the United States. 

His firm straightforward Americanism has won the respect of, and exerted 
a decided influence upon, the ruling, powers of this kingdom. 

On the 28th of June Mr. Wright applied to his excellency Baron Schleinitz, 
minister of foreign affairs, for an interview, for the purpose of presenting his 
open letter of recall, and affording me the opportunity of presenting the copy 
of my letter of credence, and requesting my presentation to his Majesty the 
King. 

The baron named the next day, at three o'clock p. m.; and, in accordance 
with the appointment, Mr. Wright and myself called upon the minister and 
presented our respective letters. In reply to my request for an audience, 
the baron stated that the King was at Potsdam; that he would notify him of 
our wishes, and advise of his Majesty's pleasure upon the subject. 

On Monday, the first of July, a note from the minister advised me that the 
King would receive me in private audience at his palace in Berlin at half 
past four p. m. of that day. 

Mr. Wright and myself attended, in pui'suance of the summons, and were 
presented to his Majesty by Baron Schleinitz. 

Mr. Wright presented his letter of recall, and addressed his Majesty some 
remarks appropriate to the occasion, of which his despatch of to-day will 
contain an account. 

I then presented my letter of credence, and stated to his Majesty that I 
was instructed by the President to convey to him the President's wishes for 
his health and happiness, and for the prosperity of his kingdom. That our 
government desired that the friendly relations so long existing between the 
two governments might continue and increase with the growing prosperity 

\ 
\ 



ANNUAL MESSAGE OF THE PRESIDENT. 47 

of the two nations. That for myself, personally, 1 hoped that my residence 
near his Majesty's government might be useful to the citizens of my country, 
and acceptable to his Majesty. That I should endeavor in my official action 
to promote and increase the harmony, good will, and friendly feelings that 
had so long existed between the two nations, and that I presented my own 
best wishes for the health and happiness of his Majesty. 

The King, in reply, expressed his warm feelings towards Mr. Wright, and 
stated that he regretted the troubles in our country; that he hoped soon to 
see them ended, and the integrity and majesty of our government and law 
maintained, and order triumph. 

He thanked Mr. Wright for his allusion to the past friendly relations, and 
the manner in which he had promoted the same, and assured us that he was 
happy to hear through me the assurance of the continuance of the same. 

The day following my presentation was occupied by me in establishing 
my relations with the ministers of state and the several diplomatic function- 
aries residing at this court. 

I have the honor to be your obedient servant, 

. N. B. JUDD. 

Hon. William H. Seward, 

Secretary of State, Washington, D. G. 



Mr. Judd to Mr. Seward. 
[Extract.] 



No. 4.] Legation of the United States, 

Berlin, July 24, 1861, 

Sir: On the 9th of July instant, in pursuance of the special instructions 
contained in despatch No. 4, from the Department of State to this legation, 
under date of April 24, 1861, to seek an early opportunity to ascertain 
whether the government of Prussia is disposed to enter into negotiations 
for the accession of the government of the United States to the articles of 
the declaration of the congress assembled at Paris, April 16, 1856, on the 
question of privateering and maritime war, I had an interview with Baron 
Von Schleinitz, minister of foreign afiairs of his Majesty the King of Prussia. 
In communicating to the baron my instructions on that subject, and inform- 
ing him of the disposition of the government of the United States to bring 
the negotiation on the basis of the Paris declaration to a speedy and satis- 
factory conclusion, I, at the same time, expressed to him how eminently 
desirable for the good of all nations the President deems it that the property 
and effects, not contraband of war, of private individuals, although citizens 
of belligerent States, should be exempt from seizure and confiscation by 
national vessels in time of maritime war. The baron, in response, assured 
me that his Majesty's government desired to adopt the most liberal policy 
on that subject. 

I then alluded to his instructions to Baron Von Gerolt, the Prussian minis- 
ter in Washington, as published in the official journal, the " Staats Arzeiger," 



48 ANNUAL MESSAGE OF THE PRESIDENT. 

and inquired if it was desired to transfer the negotiations to Washington* 
He replied in the negative, adding that the purpose and intent of tlie docu- 
ment chiefly was to give utterance to, and make manifest the good will of, 
his Majesty's government towards that of the United States, and to furnish 
a full and free communication and exchange of views between the two gov- 
ernments. 

In reply to his inquiry, whether the President of the United States, through 
me, was prepared to submit propositions for a convention, I informed him 
that I had special powers to negotiate a treaty based upon the Paris decla- 
ration, and that a memorandum for that purpose had been prepai'ed by the 
Department of State for my guidance. To my inquiry, whether the produc- 
tion of the evidence of my special authority was desired at this time, lie 
replied negatively, but asked to be informed whether the treaty was intended 
to be a joint one with all the parties to the Paris conference, or a separate 
convention with each one of the parties. I responded that my instructions 
directed me to negotiate with the Prussian government only. He then 
requested that the propositions of the government of the United States be 
submitted in writing, promising, in that event, an early consideration of the 
same. Accordingly, on the 11th day of July instant, I addressed a com- 
munication to Baron Von Schleinitz, minister of foreign affairs, together with 
a copy of the memorandum for a convention upon the subject of belligerents 
and neutrals in time of war between the United States of America and his 
Majesty the King of Prussia, as furnished me by the Department of State, 
in connexion with its despatch No. 4, under date of April 24, 1861. A copy 
of my communication accompanies this despatch, marked Exhibit No. 1. 
No repl}^ has yet been received from Baron Von Schleinitz to that commu- 
nication. 

I have the honor to be, respectfully, your obedient servant, 

N. B. JUDD. 
Hon. W. H. Seward, 

Secretary of State, Washington, D. G. 



ExUUt No. 1. 



Legation of the United States, 

Berlin, July 11, 1861. 

Monsieur LE Baron: The undersigned, envoy extraordinary and minister 
plenipotentiary, has the honor herewith to present the memoranda referred 
to in our conversation of yesterday, it being simply a statement of the 
articles of the declaration adopted by the congress assembled at Paris, April 
16, 1856. 

While the President has instructed the undersigned to present and assent 
to a convention in terms substantially that of the congress at Paris, the 
President, nevertheless, desires the undersigned to submit to the govern- 
ment of his Majesty the King of Prussia how just and eminently desirable 
for the good of all nations he considers it that the property and effects of 
private individuals, not contraband of war, should be exempt from seizure 
and confiscation by national vessels in time of maritime war, although be- 
longing to the citizens and subjects of the belligerent States; and in view 
of this fact, the undersigned begs leave to state to your excellency that he 
feels authorized and prepared to so modify the propositions he has the honor 
herewith to submit as to embrace the principle above stated, if it should 



A2nTs^UAL message OF THE PRESIDENT. 49 

meet the views and be deemed desirable by the government of his Majesty 
the King of Prussia. 

The undersigned avails himself of this opportunity to assure your excel- 
lency of his high and distinguished consideration. 



His Excellency Baron Yon Schleiniiz, 

Minister of Foreign Affairs, Sfc., Sfc., Sfc. 



N. B. JUDD. 



Mr. Seivard to Mr. Judd. 



No. 1.] Department of State, 

Washington, July 26, 1861. 

Sir: Mr. Wright's despatch, No. 171, dated June 22, was duly received. 

Baron Gerolt has handed to me a copy of the instruction from his gov- 
ernment, to which Mr. Wright refers, I have acknowledged the tenor of 
that paper as not unacceptable, but I agree with Mr, Wright in thinking it 
desirable that the strongest possible expressions be obtained from Prussia 
for their moral effect. 

Our army on the Potomac encountered a reverse on the 21st, which, for 
the moment, produced a shock; but the evil effects of the disaster have 
already passed away, while a more vigorous and determined resolution exists 
now than ever to strengthen and preserve the Union. 

We have put all the candidates recommended to us by Baron Schleinitz 
into military employment. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Norman B. Judd, Esq., &)'c., Sfc, Sfc, Berlin. 



Mr. Sexcard to Mr. Judd. 
[Extract.] 



No. 12.] Department of State, 

' Washington, August 12, 1861. 

Sir: Your despatch of July 24, No. 3, has been received. Your conduct 
in relation to the subject of negotiations for a convention with the govern- 
ment of Prussia on the subject of the rights of neutrals in maritime v/ar, as 
referred to in that paper, is approved. ***** 
* ********* 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Norman B. Judd, Esq., Sfc.., S^r., Sfc. 



Ex. Doc. 1- 



50 ANNUAL MESSAGE OF THE PRESIDENT. 

3Ir. Judd to Mr. Seioard. 

[Extract.] 

No. 6.] Legation of the United States, 

Berlin, August 27, 1861. 

Wrn •'K 'F 'P 'J* 'T* 'i^ ^ 'I* 'i* 

Since my written communication to Baron Von Schleinitz on the subject 
of the maritime treaty, a copy of which was sent to the State Department 
in my despatch No. 4, I have not heard from this government directly upon 
the subject; but Baron Yon Mohrenheim, of the Russian legation, informs me 
that, in conversation with Baron Von Schleinitz, the latter expressed the 
opinion that the object sought by the United States could be attained by a 
simple adhesion on its part to the articles of the Paris treaty, and that there 
was no necessity for a formal and separate treaty. I also learned from 
Baron Von Mohrenheim that the Russian government inclined to the same 
opinion. My conversations with the members of the diplomatic corps here 
have convinced me that they are not only thoroughly advised of the views 
and action of their own governments in this matter, but that every step 
taken by any government interested is promptly communicated, so that each 
representative is fully advised of the condition of the question with all the 
governments, and that there is concerted action, with England at the head. 

I have the honor to be, very respectfully, your obedient servant, 

N. B. JUDD. 
Hon, W. H. Seward, 

Secretary of State. 



Mr. Judd to Mr. Seivard. 
[Extract.] 



No. 10.] Legation of the United States, 

Berlin, October 10, 1861. 
Sir: I have the honor to acknowledge the receipt of your despatch (No. 
14) bearing date September 21, 1861. Since my communication to the 
foreign office here in relation to the maritime treaty, a copy of which accom- 
panied despatch No. 4, from this legation, I have no word or note from the 

Prussian government on the subject. 

********* 

I have the honor to be, respectfully, your obedient servant, 

N. B. JUDD. 
Hon. W. H. Seward, 

Secretary of State, Washington, D. G. 



A]!irNUAL MESSAGE OF THE PRESIDENT. 51 



Mr. Seivard to Mr. Judd. 

No. 16.] Department of State, 

Washington, October 21, 1861. 
Sir: Your despatch of September 24 (No. 8) has been received. It treats 
of many matters interesting-, though not of chief importance. Your pro- 
ceedings in regard to them are approved. Disunion, by surprise and 
impetuous passion, took the first successes, and profited by them to make 
public opinion in Europe. Union comes forward more slowly, but with 
greater and more enduring vigor. This nation, like every other, in the 
present as in all other cases, stands by its own strength. Other powers will 
respect it so long as it exhibits its ability to defend and save itself. More,. 
perhaps, ought not to be wished; certainly it could not be reasonably ex- 
pected. 

I am, &c., 

WILLIAM H. SEWARD. 
N. B Judd, Esq., 

Sfc, SfC., SfC, Berlin. 



BELGIUM. 



3Ir. Seunrd to Mr. Sanford. 

No. 2.] Department of State, 

Washington, March 26, 1861. 

Sir: Having- spent the winter in Washington, you need not be informed 
of the attempts of a misguided party of citizens in several of the southern 
States, not unattended with violence and spoliation, to dismember the federal 
republic, and of their scheme to organize several of the States in a new 
revolutionary government, imder the name of the Confederate States of 
America. Formidable as this conspiracy seemed at the beginning, it is- 
now confidently believed that the policy of the present administration in 
regard to it will be supported by the people — a policy of conciliationr 
forbearance, and firmness — and that the conspiracy will thus fail for 
want of ultimate adoption by the States themselves which are expected 
to constitute the new confederacy. Aware of this danger, the movers in 
that desperate and destructive enterprise are now understood to be making 
every effort to gain external advantage by appeals to prejudice or supposed 
interest in foreign nations for a recognition of the independence of the pro- 
posed new confederacy. 

Under these circumstances the most important duty of the diplomatic 
representatives of the United States in Europe will be to counteract by all 
proper means the efforts of the agents of that projected confederacy at their 
respective courts. It was your extensive acquaintance on the continent, 
taken in connexion with your activity and energy here, which induced the 
President to confer upon you the appointment of minister resident in 
Belgium. 

The general considerations to be urged against such a recognition will 
be found in the inaugural address of the President, delivered on the 4th of 
March instant, and in a circular letter despatched by me on the 9th instant 
to our ministers, an original part of which will be found in the archives of 
your legation. For your present convenience I enclose a copy of this cir- 
cular letter. 

The President, confident of the ultimate ascendancy of law, order, and the 
Union, through the deliberate action of the people in constitutional forms, 
does not expect you to engage in any discussion which the agents of the 
disunionists may attempt to initiate on the merits of their proposed revolu- 
tion. He will not consent, directly or indirectly, to the interpellation of any 
foreign power in a controversy which is merely a domestic one. 

There is some reason to suppose that the agents of the disunionists will 
attempt to win favor for their scheme of recognition by affecting to sympa- 
thize with the manufacturing interests of the European nations in their 
discontent with the tariff laws of the United States, and by promising to 
receive the fabrics of such nations on more favorable terms. Yoa will be 
able to reply to such seductions as these that the new tariff laws thus com- 
plained of are revenue laws deemed by the legislature of the United States 
necessary under new and peculiar circumstances; that all experience shows 



54 ANNUAL MESSAGE OF THE PEESIDENT. 

that such laws are not and cannot be permanent; that if, as is now pre- 
tended, they shall prove to be onerous to foreign commerce, they will, of 
course, prove also to be unfruitful of revenue, and that in that case they 
will necessarily be promptly modified. Tlie inconvenience, if any shall 
result from them, will therefore be temporary and practically harmless. Nor 
will any statesman of a foreign country need to be informed that the con- 
sumption of the fabrics which it is proposed shall be favored by the so-called 
seceding States chieily takes place, not within those States, but in a very 
large degree in the States which remain undisturbed by this unhappy 
attempt at revolution. 

It hardly needs be added that the recognition which the insurgents States 
desire tends through either peace or war to the establishment of a new 
government. That new government, like the government of the United 
States, must levy imports on foreign merchandise, while it must also resort 
to an export duty on cotton, its great staple, for its support; and these two 
measures combined would constitute a policy largely prohibitive, instead of 
the liberal and genial one which is now promised by the disunion party. 

You will not fail to represent to the government of the King of the 
Belgians that all the interests of European manufactures and com- 
merce are identified with the promotion of peace and the undisturbed 
activity of the American people. An act of recognition in favor of a now 
disccintented party would necessarily tend to encourage that party to 
attempt to establish their separation from the Union by civil wai', the con- 
sequences of which would be disastrous to all the existing systems of indus- 
trial activity in Europe, and when once they had begun, those consequences 
would be likely to continue indefinitely; whereas no nation in Europe can 
hope that their own interests would be as safe and prosperous under any 
change of government here as they are now and have so long been under 
our present system. 

It is quite manifest already that differences and embarrassing questions 
may soon arise concerning the conduct of commerce, and that the commer- 
cial States of Europe may be subjected to strong seductions to violate our 
revenue laws and regulations. You will say generally on this subject that 
the government of the United States will expect the same respect to those 
laws and regulations which has hitherto been shown and which our treaties 
of amity and commerce entitle us to demand, and that it will not hold itself 
bound to favor or exempt from consequences any parties, of whatever 
nation, who may violate them. It does not at all distrust its ability to 
maintain them or the good disposition of its allies to observe them. 

I shall not enlarge on these subjects, insomuch as the phase of the whole 
affair changes almost daily. The President willingly expects to rely on 
your astuteness in discovering points of attack and your practical skill and 
experience in protecting the interests of the United States. He will expect 
you, however, to communicate to this department very fully and frequently, 
And you will receive prompt instructions in every new emergency. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Henry S. Sanford, Esq., dc, &c., &c. 



AIs^NUAL MESSAGE OF THE PRESIDENT. 55 



Mr. Sanford to Mr. Seward. 

[Extract.] 

No. 1.] Legation of the United States, 

Brussels, May 10, 1861. 

gjjj. ********* 

I was received by the King, to present my letter of credence, on the 8th, 
in "solemn audience," and made on the occasion an address, of which I 
enclose a copy, (A.) 

The King replied that he highly appreciated the sentiments of friendly 
feeling, of which I bore to him the expression, from the President, and the 
flattering terras, as he expressed it, in which they were couched. He desired 
me to tender to the President his thanks for them, and to say that he recip- 
rocated fully the desire for the continuance of the friendly and cordial rela- 
tions which, during the more than thirty years that had elapsed since the 
formation of his government, had marked our intercourse, and he hoped for 
the continued prosperity of the United States. After some remarks compli- 
mentary to myself and my former residence in Europe, he entered into general 
conversation, in which he showed great interest in and knowledge of the 
United States, manifesting a warm desire to have the means of direct inter- 
course increased between the two countries. The genius of his people, he 
said, was rather for industrial pursuits at home, and in which they had been 
vei'y successful; but they had failed upon the seas; and he thought if the 
enterprise and practical knowledge of our people could be brought to bear 
in favor of steam communication between Belgium and the United States, a 
large trade could be diverted through this channel, Antwerp being a natural 
entrepot for Central Europe. 

His Majesty spoke but generally of the insurrection in the southern States; 
said he hoped that some peaceful issue would be found, and that the spirit 
of conciliation would prevail, and then referred to the growing markets they 
had for their manufactures in the United States. My audience, which was 
lengthened by a long conversation on general subjects, was most satisfac- 
tory, in the very kind and cordial spirit manifested by his Majesty. 

I have the honor to be, with great respect, your obedient servant, 

H. S. SANFORD. 
Hon. William H. Seward, 

Secretary of State. 



3Ir. Sanford to Mr. Seward. 
[Extracts.] 



No. 5.] Legation of the United States, 

Brussels, May 26, 1861. 

Sir: I had a conversation to-day with M. de Vrifere on the subject of the 
efforts of the commissioners of the so-called " Confederate States " to obtain 
recognition of the European powers. 

He informed me that no application had been made to him in this view, 
nor would it now be entertained if made. The revolution would receive no 



56 ANNUAL MESSAGE OF THE PRESIDENT. 

sanction by any act of Belgium. A small State, he continued, whose pros- 
perity depended on the full exercise of the industrial pursuits of its people, 
they did not mingle in foreign politics, their policy being not to imperil 
their interests by stepping beyond the limits of strict neutrality in their 
intercourse with other States. They should, therefore, remain " neutral," as 
he expressed it, in respect to this question. They had not even yet recog- 
nized the Italian government, he added. We desired, I told him, not to be 
subjected to any interference in the settlement of our domestic affairs, 
whether in the form of recognition of political existence or of belligerent 
rights of those who were in open rebellion to the government and laws of 
the United States. It was an issue between order and anarchy which we 
were fully able to cope with, and all Europe was interested that its settle- 
ment be in the most prompt and effective manner-, as least liable to cause 
permanent derangement to commerce. 

In reply to my inquiry, he said he had received no oflScial information of 
the blockade of our southern ports, proclaimed by the President, although 
he had late advices from the Belgian minister at Washington. He had only 
knowledge of it, he said, as printed in the papers. In answer to his inquiry, 
I said I thought it would not injuriously affect the siipply of cotton, as the 
crop of the past year had mostly gone forward; and, moreover, that while 
the blockade would be rigorously enforced with regard to supplies, or vessels 
bearing the "confederate" flag, I presumed, although I had no instructions 
on the subject, that the vessels now loading, or under engagements to load 
in those ports, would be allowed reasonable time to leave; that there was 
every desire to make this condition of things, which was but temporary, as 
little embarrassing as possible to foreign commerce. The minister expressed 
great satisfaction at this, and said that the possibility of failure of the cotton 
supply, growing out of these troubles in our southern States, was causing 
great anxiety. 

M. de Vriere then spoke of the new tariff with a great deal of feeling; 
said that it was highly prejudicial to their interests, instancing in point 
that forty furnaces for the manufacture of window glass had been stopped 
in consequence, and expressed his surprise that, in this age of progress, 
when Europe was abandoning the exploded system, as he expressed himself, 
of differential duties, the United States should pursue such a course. Their 
own experience as a manufacturing people had convinced them of the bad 
policy of such a sj'stem for the interests of the manufacturers themselves. 
I replied that I presumed the general interruptions of trade consequent upon 
apprehended war in the United States was, quite as much as the new tariff", 
a cause for suspension of the traffic he referred to. The tariff had been 
augmented by the last Congress to produce more revenue; if it failed to 
produce such result, it would probably be changed; it was a matter dependent 
on the will of Congress, and he was aware we had had several changes in 
the past few years, none of which had apparently given satisfaction to the 
manufacturing States of Europe which desired to suppl}'- our markets; still, 
it was our main source of revenue, and the system of raising means for the 
expenses of the government by a duty on importations would probably long 
continue. 

I took my leave of M. de Vriere with the repeated assurance that no 
countenance would be given, in any form, to the rebellion in our southern 
States. 

I have the honor to be, with great respect, yom- most obedient servant,, 

H. S. SANFORD. 
Hon. William H. Seward, 

Secretary of State. 



ANNUAL MESSAGE OF THE PRESIDENT. 57 

Mr. Sanford to Mr. Seward. 
[Extract.] 

No. 9.] Legation of the United States, 

Brussels, June 22, 1861. 

Sir: As M. de Vriere is out of town, I directed tte attention of Monsieur 
Saluremont, the secretary general, who is charged with the affairs of the 
department in the absence of the minister, in an interview with him to-day, as 
to the propriety of a proclamation warning Belgians from taking service under 
those in rebellion to the federal government, furnishing them " aid and com- 
fort," and, especially, closing the ports of Belgium to their " privateer si'^ — 
declared by the President to be pirates — or permitting them to be fitted out 
in her ports, I said that while the assurances I had received from M. de 
Vriere, soon after my arrival, of the attitude of his government had been 
satisfactory, I hoped it would now give public expression to them, both as 
due to a friendly power and as a warning to their own citizens of the perils 
of such enterprises. 

Mons. Saluremont replied that the matter had been under consideration; 
that the position which England and France had taken had not seemed to 
be satisfactory to the government of the United States, and they had de- 
layed, in consequence, taking any formal steps; but not, he begged me to be 
assured, from any want of friendly spirit or desire to do all the occasion 
called for at their hands. 

I replied that he was correct in his views of our sentiments as to the 
course which England and Prance had seen fit to pursue. We could not 
look upon the recognition of belligerent rights to those who, under our laws, 
were rebels, and before we had attempted to employ forcible means of coer- 
cion, as evincing the friendly spirit we had a right to expect; that these 
people would be treated none the less as rebels on the land as pirates on the 
seas — they or those of whatever nationality who joined them; and we 
counted, on the part of Belgium, upon no such qualification of our citizens 
in rebellion, whom wo were engaged in submitting to the action of our laws. 

He said their legislation provided generally for the cases I had instanced, 
but that attention would be immediately given to the subject, and he thought 
we need not have any reason to be dissatisfied with the action they would 
take in the premises. 

He then told me that our new tariff law was a subject of great_ complaint 
in Belgium, and great distress in some branches of industry which it had 
destroyed, referring specially to glass and some kinds of woollen goods. 

I again explained our system of revenue, which all manufacturing States 
this side the Atlantic insist upon believing to be disadvantageous to their 
interests. 

****** 

I have the honor to be, with great respect, your most obedient servant, 

H. S. SANFORD. 
Hon. William H. Seward, 

Secretary of State, &c., <i;c., <&c. 



58 ANNUAL MESSAGE OF THE PRESIDENT. 

3Ir. Sanford to Mr. Seward. 

[Extract,] 

No. 10.] Legation of the United States, 

Brussels, July 2, 1861. 

Sir: Eeferring- to a conversation detailed in my despatch No. 9, I have 
the honor to enclose a notice published in the official journal (the Moniteur) 
of the 25th ultimo, in which, basing its action upon the stipulations of the 
declaration of the congress of Paris of April 16, 1856, it is announced that 
instructions have been addressed to the judicial, maritime, and military 
authorities to inform them that privateers of no nation or flag, alone or with 
their prizes, will be permitted, save in cases of extreme danger by stress of 
weather, to enter the ports of Belgium; enjoining upon them to recognize 
no commission or letter of marque as having validity; and warning all 
subject to the Belgian laws that in taking part or service in any privateers 
they incur risk of being treated as pirates abroad, and of being prosecuted 
with the utmost rigor of the laws at home. In thanking the acting minister 
for this prompt response to my request, I observed that while this was suffi- 
cient, in so far as it went, for the occasion that called it forth — as we had, 
and expected to have, no privateers upon the sea at this time — still, so long 
as we were not a party to the declaration of Paris, the employment of priva- 
teers by the United States was undoubtedl}' as much a belligerent right as the 
employment of militia on land; and in the event of a foreign war we should 
expect, on the part of friendly powers, no such impediment to its exercise 
by any injurious distinction between it and the other arms of the public 

service. 

****** 

I have the honor to be, with great respect, your most obedient servant, 

H. S. SANFORD. 



[Translation.] 

Belgium has given its adhesion to the principles laid down in the declara- 
tion of the congress of Paris of April 16, 1856. This adhesion was pub- 
lished, together with said declaration, in the Belgian Moniteur of June 
8, 1856. 

The commercial public is notified that instructions on this subject have 
"been given to the judicial, maritime, and military anthorities, warning them 
that privateers, under whatever flag or commission, or letters of marque, are 
not to be allowed to enter our ports except in case of imminent perils of the 
sea. The aforesaid authorities are charged, consequent!}', to keep a strict 
watch upon all such privateers and their prizes, and to compel them to put 
to sea again as soon as practicable. 

The same authorities have been charged not to recognize the validity of 
any commission or letter of marque whatsoever. 

All persons subject to the laws of Belgium, who shall fit out or take any 
part in any privateering expedition, will therefore expose themselves to the 
danger, on the one hand, of being treated as pirates abroad, and, on the 
other, to prosecution before Belgian tribunals with all the rigor of the laws. 



ANNUAL MESSAGE OF THE PRESIDENT. 59 



Mr. Seicard to Mr. Sanford. 

No. 4.] Department of State, 

Washington, May 6, 1861. 

Sir: Herewith I transmit a copy of a despatch of the 24th ultimo, which 
has been addressed to the several ministers of the United States accredited 
to the maritime powers whose plenipotentiaries composed the congress of 
Paris of the 16th April, 1856, calling- their attention to the importance of 
endeavoring to negotiate with those powers conventions upon the subject of 
the rights of belligerents and neutrals in time of war. The government of 
Belgium was not represented in the Paris congress; but the negotiation of 
a similar convention with that government is considered desirable, and you 
will therefore be governed by the instruction of which I enclose a transcript, 
and endeavor to effect that object. With this view I herewith send you a 
full power and a draft of the proposed convention. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Henry S. Sanford, Esq., S^c, &fC., Brussels. 



Mr. Seward to Mr. Sanford. 



No. 9.] ■ Department of State, 

Washington, June 21, 1861. 

Sir: Your despatches (No. 5, dated May 26, and No. 6, of the same date) 
have been received. We are especially pleased with Mr. De Yrifere's just 
and friendly sentiments in regard to our affairs. 

You are aware that the declaration of Paris enjoins each of the parties 
that have signed it not to negotiate any other changes of the law of nations 
concerning the rights of neutrals in maritime war. We have supposed that 
this would operate to prevent Great Britain, and probably France, from re- 
ceiving our accession to the declaration, if we should insist on the amend- 
ment proposed by Mr. Marcy, namely, the exemption of private property of 
non-belligerents from confiscation. But we should now, as the instructions 
heretofore given you have already informed you, vastly prefer to have that 
amendment accepted. Nevertheless, if this cannot be done, let the conven- 
tion be made for adherence to the declaration pure and simple. 

The feverish excitement which prevailed when you left the country is 
passing away. Public confidence in the ability of the government to repress 
the insurrection and preserve the Union is practically restored, and the 
beneficial result that two months ago seemed problematical is now regarded 
as only a question of time. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

H. S. Sanford, Esq., SfC., SfC., Brussels. 



60 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Seward to Mr. Sanford. 

No. 11.] Department OF State, 

Washington, June 22, 1861. 

Sir: Your despatch of the 5th June, (No. 8,) accompanied by a copy of 
your letter to Mr. De Vriere, on the subject of our proposed adherence to the 
declaration of the congress of Paris, has been received. We see no reason 
to doubt the propriety of that communication. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Henry S. Sanford, Esq., S^-c, S^-c, ^o , Brussels. 



Mr. Sanford to Mr. Seivard. 
[Extract.] 



No. 11.] United States Legation, 

Brussels, July 3, 1861. 

Sir: I have not been unmindful of your instructions (No. 2) respecting a 
convention for the abrogation of passports for our citizens travelling or 
sojourning in Belgium. 

As already intimated in my first despatch, passports are already almost 
virtually abolished here, the visa being no longer necessary. The usual 
course of this government in respect to this subject is, upon notification by 
a government that Belgians ai'e not required to be provided with passports 
to enter upon or travel within its territories, to exempt equally citizens or 
subjects of such nations in Belgium. 

This course has been pursued with Sweden and Holland, and will be soon 
followed with France and England. 

In view of the disturbances in our southern States, and the consequent 
impossibility of assuring entire reciprocity of exemption from passports 
thi'oughout our territory, I have not deemed it advisable at this time to 
make any proposition on this subject. 

1 am assured by Mr. De Vriere that, on formal notification that Belgians will 
not be required to present passports in the United States, the proper authori- 
ties here will direct the exemption of citizens of the United States travelling 
here from the requirement of passports. 

They would need, however, in case of domicile here, some document to 
prove their identity. In this connexion, it may not be out of place to refer 
to a conversation I had some time since on this subject of the abolition of 
passports, with the officer in charge of that branch of the public service in 
France. 

He said that they had alreadj^ exempted British subjects coming to France 
from the action of the passport regulations, and had lately made similar 
exemptions with regard to Sweden, and were about to make the same ex- 
emptions with respect to Belgium, and would with most other nations on a 
footing of reciprocity. This was, however, a purely administrative act, 
liable to be recalled whenever considered for the interest of the state. They 
would in no case make a treaty which should bind them to the perpetual 
abolition of passports vis-a-vis to my nation. 

In the present aspect of affairs in the United States, they deemed it im- 



ANNUAL MESSAGE OF THE PRESIDENT. 61 

poi'tant to have a control over the movements of their citizens to the United 
States and vice versa of ours in French territory; and deemed the present an 
inopportune time to make any change in the passport system with respect 
to the United States. 

When matters returned to their normal condition, there would be no objec- 
tion, he said, to suspend their passport regulations for citizens of the United 
States, and a simple administrative order was all that was necessary on their 
part, and could be made at any time when deemed expedient. 

********* 

********* 

I have the honor to be, with great respect, your most humble servant, 

H. S. SANFORD. 
Hon. William H. Seward, 

Secretary of State. 



Mr. Seward to Mr. Sanford. 



No. 12.] Department of State, 

*■ Washington, July 8, 1861. 

Sir: Your despatch of June 22 (No. 9) was duly received. It is, in the 
main, not unsatisfactory, so far as the subject of our domestic affairs is con- 
cerned. 

In regard to the rights of friendly or neutral powers in maritime war, the 
subject has become somewhat complicated, and it would be a tedious labor 
to make a distinct explanation to each of our ministers abroad. I send you 
instead, confidentially, a copy of my last despatch on this subject to Mr. 
Dayton. It may serve as a guide to your own conduct in relation to the 
subject. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWAED. 

Henry S. Sanford, Esq., Brussels. 



Mr. Sanford to Mr. Seicard. 



No. 15.] Legation of the United States, 

Brussels, July 18, 1861. 

Sir : I have the honor to acknowledge the receipt of your despatches Nos. 
9, 10, and 11, under dates of the 20th and 22d respectively. 

I have as yet received no reply from M. De Vriere to my note to him of 
the ^th ultimo, on the subject of our adhesion to the declaration of the con- 
gress of Paris. I referred to it a few days since on the occasion of a visit 
to the foreign office, and was told that my proposition had been communi- 
cated to the French government, and that communication had been made by 
it to this government of the main points of the note addressed by M. Thou- 
venel to M. Mercier in the month of May upon this subject of neutral rights. 
I inferred from this that they were awaiting the result of the communications 
made to you by the French and English governments through their ministers 
at Washington. 



62 AIJNUAL MESSAGE OF THE PEESIDENT. 

I will take an early opportunity to bring the subject again to the atten- 
tion of the minister. 

I have the honor to be, with great respect, your most obedient servant, 

H. S. SANFORD. 
Hon. William H. Seward, 

Secretary of Stale, SfO., Sfc, S^c. 



Mr. Seward to Mr. Sanford. 



No. 20.] Department of State, 

Washington, July 30, 1861. 

Sir : The accompanying transcript of an instruction to our minister to 
Great Britain, dated the 21st instant, and numbered 42, will place you in 
possession of the views of this government concerning the principle of the 
law which authorizes the President to close the ports that have been seized 
by the insurgents. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Henry S. Sanford, Esq., !fc., SfO., SfC., Brussels. 



Mr. Sanford to Mr. Seward. 

No. 16.] Legation of the United States, 

Brussels, July 30, 1861. 

Sir : I called yesterday at the department of foreign affairs to press again 
upon the attention of Baron De Vrifere the proposition of adhesion to the 
declaration of Paris, made to him near two months since, and he being out 
of town, I saw the secretary general, who, as before said, replaces the min- 
ister in his absence. 

In reply to my question whether the government had come to any decision, 
he said that they were not yet sufficiently informed of the condition of this 
subject at other courts to give me any positive answer ; that while he would 
not say that they would give a negative one, the policy and acts of Belgium 
being, as I was aware, doubtless most liberal, yet they did not feel, as a 
smaller power, justified in taking any step of this nature in advance of their 
neighbors. 

I inquired whether there was any other objection to this proposed con- 
vention than he had indicated, in order to learn whether the addition of the 
Marcy proposition was considered an impediment. He said he was not pre- 
pared to give any other ; that their position with regard to neighboring 
powers, to whom Belgium owed, in one sense, her nationality, was a delicate 
one, and they did not feel authorized to take any initiative in negotiations 
of this character ; they left that to those powers who must necessarily have 
a controlling influence in general politics. 



ANNUAL MESSAGE OF THE PEESIDENT. 63 

It is thus evident that this government will do nothing till after the great 
powers have decided upon a course of action in this matter. 
I have the honor to be, with great respect, your most obedient servant, 

H. S. SANFORD. 
Hon, William H. Seward, 

Secretary of State, Sj-c, SfC, S^v. 

P. S. — I open my despatch to acknowledge the receipt of your despatches 
Nos. 12, 13, and 14, with their respective enclosures, which will have imme- 
diate action. 

H. S. S. 



Mr. Seivard to Mr. Sanford. 



No. 22. J Department of State, 

Washington, August 5, 1861, 

Sir : Your despatch No. 15, dated July 18, has been received. 

There is no especial urgency on our part for consideration by the Belgium 
government of our proposition to accede to the. declaration of the congress 
of Paris before the similar propositions submitted to the British and French 
governments shall have been acted upon by them, although we hold our- 
selves ready to carry our overtures into effect when the Belgium government 
shall desire. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD, 

Henry S. Sanford, Esq., Sfc, Sfc, SfC., Brussels. 



Mr. Seivard to Mr. Sanford. 



No. 23.] Department of State, 

Washington, August 12, 1861. 

Sir : Your despatch dated July 3 (No. 11) has been received. 
I am quite content, under existing circumstances, witli the disposition 
you propose in that paper to make of the subject of passports, and I acqui- 
esce very cheerfully in the views which you take of the importance of vigi- 
lance in regard to the movements of disaffected citizens of our own country 
travelling in Europe. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Henry S. Sanford, Esq., SfC, ^c, SfC, Br^ussels. 



Mr. Seward to Mr. Sanford. 



No. 24.] Department of State, 

Washington, August 21, 1861. 

Sir : Your despatch of July 30 (No. 16) has been received. 
I am not disappointed, nor do I think we ought to be dissatisfied, with Mr. 
De Vriere's reply to your inquiry on the subject of maritime relations. 



64 ANNUAL MESSAGE OF THE PRESIDENT. 

You are so frequently at Paris and London, that I may refer you to the 
legations at one of those places for the latest phase of our negotiation on 
the same subject with the government of Great Britain. That government 
having taken the lead in determining European relations to us, and other 
powers having silently acquiesced, we shall hardly expect them to anti- 
cipate her own final decision upon the case, as it is presented to all alike. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Henry S. Sanford, Esq., Sfo-, S^-c., ^c, Brussels. 



MEXICO. 



Mr. Seward lo Mr. Corioin. 

No. 2.] Department of State, 

Washington, April 6, 1861. 

Sir: The actual condition of affairs in Mexico is so imperfectly understood 
here that the President finds it very difficult to give you particular and 
practical directions for the regulation of your conduct during your mission. 

Our latest infurmation was, in substance, that the provisional government 
of President Juarez, so long confined to the sea-coasts of the country, had 
finally overthrown its adversaries and established itself at the capital; that 
the opposing armies had been demoralized and dispersed, and that there was 
no longer any armed resistance in the States; that an election for president 
had been held, in conformity with the constitution of 185T, and that the now 
provisional president had probably secured a majority of the votes, although 
the result was as yet not certainly known. The pleasure which these events 
have inspired is unhappily diminished by rumors that the government is 
without sufficient authority or hold on the public confidence to maintain 
order; that robberies are of frequent occurrence on the high roads, and even 
that a member of our late legation in the country has been murdered on his 
way from the city of Mexico to Vera Cruz. 

You will apply yourself at once, with energy and diligence, to investigate 
the truth of this last-mentioned occurrence, which, if found to have been 
accurately reported, will not only be regarded as a high offence against the 
dignity and honor of the United States, but will prove a severe shock to the 
sensibilities of the American people. 

The President is unable to conceive that any satisfactory explanation of 
a transaction so injurious to the character of Mexico can be made. He 
will, however, wait for your report concerning it, though with the deepest 
anxiety, before taking action upon the subject. 

I find the archives here full of complaints against the Mexican govern- 
ment for violations of contracts and spoliations and cruelties practiced 
against American citizens. These complaints have been lodged in this de- 
partment, from time to time, during the long reign of civil war in which the 
factions of Mexico have kept that country involved, with a view to having 
them made the basis of demands for indemnity and satisfaction whenever 
government should regain in that country sufficient solidity to assume a 
character for responsibility. It is not the President's intention to send for- 
ward such claims at the present moment. He willingly defers the perform- 
ance of a duty which at any time would seem ungracious, until the incoming 
administration in Mexico shall have had time, if possible, to cement its 
authority and reduce the yet disturbed elements of society to order and har- 
mony. You will, however, be expected, in some manner which will be 
marked with firmness as well as liberality, to keep the government there in 
mind that such of these claims as shall be found just will, in due time, be 
presented and urged upon its consideration. 

While now, as heretofore, it is a duty of this government to reason with 

Ex. Doc. 1 5 



66 ANNUAL MESSAGE OF THE PRESIDENT. 

that of Mexico, and deprecate a continuance of the chronic reig'n of disorder 
there, a crisis has unhappily arrived, in which the performance of this duty 
is embarrassed by the occurrence of civil commotions in our own country, 
by which Mexico, in consequence of her proximity, is not unlikely to be 
affected. The spirit of discontent seems, at last, to have crossed the border, 
and to be engaged in an attempt to overthrow the authority of this govern- 
ment in some parts of the country which adjoin the Mexican republic. It is 
much to be feared that new embarrassments of the relations of the two 
countries will happen when authority so long prostrated on the Mexican 
side finds the power of the United States tempoi-arily suspended on this side 
of the frontier. Whatever evils shall thus occur, it is much to be feared 
will be aggravated by the intervention of the Indians, who have been 
heretofore with difficulty restrained from violence, even while the federal 
authority has been adequately maintained. 

Both of the governments must address themselves to this new and annoy- 
ing condition of things, with common dispositions to mitigate its evils and 
abridge its duration as much as possible. 

The President does not expect that you will allude to the origin or causes 
of our domestic difficulties in your intercourse with the government of 
Mexico, although that government will rightfully as well as reasonably ask 
what are his expectations of their course and their end. On the contrary, 
the President will not suffer the representatives of the United States to 
engage in any discussion of the merits of those difficulties in the presence 
of foreign powers, much less to invoke even their censure against those 
of our fellow-citizens who have arrayed themselves in opposition to its 
authority. 

But you are instructed to assure the government of Mexico that these 
diflScultics, having arisen out of no deep and permanent popular discontent, 
either in regard to our system of government itself, or to the exercise of its 
authority, and being attended by social evils which are as ruinous as they 
are unnecessary, while no organic change that is contemplated could pos- 
sibly bring to any portion of the American people any advantages of 
security, peace, prosperity, or happiness equal to those which the federal 
Union so effectually guaranties, the President confidently believes and 
expects that the people of the United States, in the exercise of the wisdom 
that hitherto has never failed them, will speedily and in a constitutional 
way adopt all necessary remedies for the restoration of the public peace 
and the preservation of the federal Union. 

The success of this government in conducting affairs to that consumma- 
tion may depend in some small degree on the action of the government and 
people of Mexico in this new emergency. The President could not fail to 
see that Mexico, instead of being benefited by the prostration or the 
obstruction of federal authority in this country, would be exposed by it to 
new and fearful dangers. On the other hand, a condition of anarchy in 
Mexico must necessarily operate as a seduction to those who are conspiring 
against the integrity of the Union to seek strength and aggrandizement for 
themselves by conquests in Mexico and other parts of Spanish America. 
Thus, even the dullest observer is at last able to see what was long ago 
distinctly seen by those who are endowed with any considerable per- 
spicacit}^, that peace, order, and constitutional authority in each and all of 
the several republics of this continent are not exclusively an interest of 
any one or more of them, but a common and indispensable interest of them 
all. 

This sentiment will serve as a key to open to you, in every case, the pur- 
poses, wishes, and expectations of the President in regard to your mission 



ANNUAL MESSAGE OF THE PRESIDENT. 67 

which, I hardly need to say, he considers at this juncture perhaps the most 
interesting and important one within the whole circle of our international 
relations. 

The President of the United States does not know, and he will not con- 
sent to know, with prejudice or undue favor any political party, religious 
class, or sectional interest in Mexico. He regrets that anything should 
have occurred to disturb the peaceful and friendly relations of Mexico with 
some of the foreign States lately represented at her capital. He hopes 
most sincerely that those relations may be everywhere renewed and re- 
invigorated, and that the independence and sovereignty of Mexico and the 
government which her people seem at last to have accepted, after so many 
conflicts, may be now universally acknowledged and respected. 

Taking into view the actual condition and circumstances of Mexico, as 
well as those of the United States, the President is fully satisfied that the 
safety, welfare, and happiness of the latter would be more efiectually pro- 
moted if the former should retain its complete integrity and independence, 
than they could be by any dismemberment of Mexico, with a transfer or 
diminution of its sovereignty, even though thereby a portion or the whole 
of the country or its sovereignty should be transferred to the United States 
themselves. The President is moreover well aware that the ability of the 
government and people of Mexico to preserve and maintain the integrity 
and the sovereignty of the republic might be very much impaired, under 
existing circumstances, by hostile or unfriendly action on the part of the 
government or of the people of the United States. If he needed any other 
incentive to practice justice and equality towards Mexico, it would be 
found in the reflection that the very contention and strife in our own 
country which at this moment excite so much domestic disquietude and 
so much surprise throughout a large part of the world, could probably 
never have happened if Mexico had always been able to maintain with firm- 
ness real and unquestioned sovereignty and independence. But if Mexico 
has heretofore been more unfortunate in these respects than many other 
modern nations, there are still circumstances in her case which justify a 
hope that her sad experience may be now coming to an end. Mexico 
really has, or ought to have, no enemies. The world is deeply intei'ested in 
the development of her agricultural, and especially her mineral and com- 
mercial, resources, while it holds in high respect the simple virtues and 
heroism of her people, and, above all, their inextinguishable love of civil 
liberty. 

The President, therefore, will use all proper influence to favor the restora- 
tion of order and authority in Mexico, and, so far as it may be in his power, 
he will prevent incursions and every other form of aggression by citizens 
of the United States against Mexico. But he enjoins you to employ your 
best efforts in convincing the government of Mexico and even the people, 
if, with its approval, you can reach them, that the surest guaranty of their 
safety against such aggressions is to be found in a permanent restoration 
of the authority of that government. If, on the other hand, it shall appear 
in the sequel that the Mexican people are only now resting a brief season 
to recover their wasted energies sufficiently to lacerate themselves with 
new domestic conflicts, then it is to be feared that not only the government 
of the United States but many other governments will find it impossible to 
prevent a resort to that magnificent country of a class of persons, unhappily 
too numerous everywhere, who are accustomed to suppose that visionary 
schemes of public interest, aggrandizement, or reform will justify even 
lawless invasion and aggression. / 

In connexion with this point it is proper that you should be informed that 



68 ANNUAL MESSAGE OF THE PRESIDENT. 

the Mexican government has, through its representative here, recently com- 
plained of an apprehended attempt at invasion of the State of Sonora by- 
citizens of California, acting, as is alleged, with the knowledge and consent 
of some of the public authorities in that State. You will assure the Mexican 
government that, due care being first taken to verify the facts thus pre- 
sented, effective means shall be adopted to put our neutrality laws into 
activity. 

The same representative has also expressed to the President an appre- 
hension that the removal of the federal troops from the Texan border may 
be followed by outbreaks and violence there. There is, perhaps, too much 
ground for this apprehension. Moreover, it is impossible to forsee the course 
of the attempts which are taking place in that region to subvert the proper 
authority of this government. The President, however, meantime directs 
you to assure the Mexican government that due attention shall be bestowed 
on the condition of the frontier, with a view to the preservation and safety 
of the peaceable inhabitants I'esiding there. He hopes and trusts that 
equal attention will be given to this important subject by the authorities of 
Mexico. 

These matters, grave and urgent as they are, must not altogether with- 
draw our attention from others to which I have already incidentally alluded, 
but which require more explicit discussion. 

For a few years past, the condition of Mexico has been so unsettled as to 
raise the question on both sides of the Atlantic whether the time has not 
come when some foreign power ought, in the general interest of society, to 
intervene to establish a protectorate or some other form of government in 
that country and guaranty its continuance there. Such schemes may even 
now be held under consideration by some European nations, and there is 
also some reason to believe that designs have been conceived in some parts 
of the United States to effect either a partial dismemberment or a complete 
overthrow of the Mexican government, with a view to extend over it the 
authority of the newly projected confederacy, which a discontented part of our 
people are attempting to establish in the southern -pai't of our own country 
You may possibly meet agents of this projected confederacy, busy in 
preparing some further revolution in Mexico. You will not fail to assure 
the government of Mexico that the President neither has, nor can ever have, 
any sympathj^ with such designs, in whatever quarter they may arise or 
whatever character they may take on. 

In view of the prevailing temper and political habits and opinions of the 
Mexican people, the President can scarcely believe that the disaffected 
citizens of our own country, who are now attempting a dismemberment of 
the American Union, will hope to induce Mexico to aid them by recognizing 
the assumed independence which they have proclaimed, because it seems 
manifest to him that such an organization of a distinct government over 
that part of the present Union which adjoins Mexico would, if possible, be 
fraught with evils to that country more intolerable than any which the suc- 
cpc« of those desperate measures could inflict even upon the United States. 
At the same time it is manifest that the existing political organization in 
this country affords the surest guaranty Mexico can have that her integrity, 
union, and independence will be respected by the whole people of the Amer- 
ica:^ Union. 

The President, however, expects that you will be watchful of such designs 
as I have thus described, however improbable they may seem, and that you 
will use the most effective measures in your power to counteract any recog- 
nition of the projected Confederate States by the Mexican government, if it 
phall be solicited. 



ANNUAl. MESSAGE OF THE PRESIDENT. 69 

Your large acquaintance with the character of the Mexican people, their 

interests and their policy, will suggest many proper arguments against such 
a measure, if any are needful beyond the intimations I have already given. 

In conclusion, the President, as you are well aware, is of opinion that, 
alienated from the United Slates as the Spanish American republics have 
been for some time past — largely, perhaps, by reason of errors and preju- 
dices peculiar to themselves, and yet not altogether without fault on our 
own part — that those States and the United States nevertheless, in some 
respects, hold a common attitude and relation towards all other nations; 
that it is the interest of them all to be friends as they are neighbors, and 
to mutually maintain and support each other so far as may be consistent 
with the individual sovereignty which each of them rightly enjoys, equally 
against all disintegrating* agencies within and all foreign influences or 
power without their borders. 

The President never for a moment doubts that the republican system is 
to pass safely through all ordeals and prove a permanent success in our 
own country, and so to be commended to adoption by all other nations. 
But he thinks also that that system everywhere has to make its way pain- 
fully through difficulties and embarrassments, which result from the action 
of antagonistical elements which are a legacy of former times and very 
different institutions. The President is hopeful of the ultimate triumph of 
this system over all obstacles, as well in regard to Mexico as in regard to 
every other American State; but he feels that those States are nevertheless 
justly entitled to a greater forbearance and more generous sympathies from 
the government and people of the United States than they are likely to 
receive in any other quarter. 

The President trusts that your mission, manifesting these sentiments, 
will reassure the government of Mexico of his best disposition to favor their 
commerce and their internal improvements. He hopes, indeed, that your 
mission, assuming a spirit more elevated than one of merely commerce and 
conventional amit}'-, a spirit disinterested and unambitious, earnestly 
American in the continental sense of the word, and fraternal in no aifected 
or mere diplomatic meaning of the term, while it shall secure the confidence 
and good will of the government of Mexico, will mark the inauguration of a 
new condition of things directly conducive to the prosperity and happiness 
of both nations, and ultimately auspicious to all other republican States 
throughout the world. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Thomas Corwin, Esq., <^c., i&c, &c. 



Mr. Gorwin to 3Ir. Seward. 
[Extract.] 



j^Q 1 "I Legation of the United States, 

Gihj of Mexico, May 29, 1861. 
gjjj. ******** 

I deem it of the very first importance that our consuls at every port on 
the Gillf of Mexico should be at their respective posts, with careful and 
specific instructions as to their treatment of vessels sailing under the flag 
of the Confederate States, or having papers from ports within those States, 
made out by officers under their authority. 



70 . A2WUAL MESSAGE OP THE PRESIDENT. 

Should the relations now existing, or which may hereafter exist, between 
the United States and the seceding States be such as to require of me any 
specific act in relation to such state of things, I beg to be advised of it by 
the department as early as possible. 

The present government of Mexico is well affected towards us in our 

present difficulties, but, for obvious reasons, will be unwilling to enter into 

any engagement which might produce war with the south, unless protected 

by promise of aid from the United States. 

******** 



I am, &c., 
Hon. W. H. Seward, <&c., &c., &c. 



THOMAS CORWIN. 



Mr. Gorwin to Mr. Seward. 
[Extracts.] 



No. 2. Legation of the United States, 

Mexico, June 29, 1861. 
gjjj. ******** 

The present time is most propitious for securing the advantages and' 

preventing the evils which I have suggested. The government here feels 

the strongest sympathy with the United States. 

******** 

It has been my constant endeavor since my arrival here to possess the 
Mexican mind of the true causes of our difficulties, and thus enable them to 
estimate the danger to this republic which will result from any unfavorable 
termination of them. I am quite sure that whilst this government will 
endeavor to preserve peaceful relations with all the European powers on 
fair terms, it regards the United States as its true and only reliable friend 
in any struggle which may involve the national existence. That this 
should be so is somewhat remarkable, when we regard the deep prejudices 
engendered in the general Mexican mind by the loss of Texas, which they 
attribute to our citizens, and the compulsory cession of territory which was 

a consequence of our war with them. 

******** 

I am, &c., 

THOMAS CORWIN. 
Hon. W. H. Seward, 

Secretary of State, U. S., &c., &c., &c. 



GEEAT BRITAIN. 



Mr. Seivard to Mr. Adams. 



No. 2.] Department of State, 

Washington, April 10, 1861. 

Sir: Although Great Britain and the United States possess adjacent do- 
minions of large extent, and although they divide, not very unequally, a 
considerable portion of the commerce of the world, yet there are at present 
only two questions in debate between them. One of these concerns the 
line of boundary running through Puget's Sound, and involves the title to 
the island of San Juan. The other relates to a proposition for extinguishing 
the interest of the Hudson's Bay and Puget's Sound agricultural companies 
in the Territory of Washington. The discussion oT these questions has 
hitherto been carried on here, and there is no necessity for removing it to 
London. It is expected to proceed amicably and result in satisfactory con- 
clusions. It would seem, therefore, on first thought, that you would find 
nothing more to do in England than to observe and report current events, 
and to cultivate friendly sentiments there towards the United States. Never- 
theless, the peculiar condition of our country in the present juncture 
renders these duties a task of considerable delicacy. 

You will readily understand me as alluding to the attempts which are 
being made by a misguided portion of our fellow citizens to detach some of 
the States and to combine them in a new organization under the name of 
the Confederate States of America. The agitators in this bad enterprise, 
justly estimating the influence of the European powers upon even American 
afi"airs, do not mistake in supposing that it would derive signal advantage 
from a recognition by any of those powers, and especially' Great Britain. 
Your task, therefore, apparently so simple and easy, involves the responsi- 
bility of preventing the commission of an act by the government of that 
country which would be fraught with disaster, perhaps ruin, to our own. 

It is by no means easy to give you instructions. They must be based on 
a survey of the condition of the country, and include a statement of the 
policy of the government. The insurrectionary movement, though rapid in 
its progress, is slow in revealing its permanent character. Only outlines 
of a policy can be drawn which must largely depend on uncertain events. 

The presidential election took place on the 6th of November last. The 
canvass had been conducted in all the southern or slave States in such a 
manner as to prevent a perfectly candid hearing there of the issue involved, 
and so all the parties existing there were surpiised and disappointed in the 
marked result. That disappointment was quickly seized for desperate pur- 
poses by a class of persons until that time powerless, who had long cher- 
ished a design to dismember the Union and build up a new confederacy 
around the Gulf of Mexico. Ambitious leaders hurried the people forward, 
in a factious course, observing conventional forms but violating altogether 
the deliberative spirit of their constitutions. When the new federal admin- 
istration came in on the 4th of March last, it found itself confronted by an 



72 ANNUAL MESSAGE OF THE PRESIDENT. 

insurrectionary combination of seven States, practicing an insidious strategy 
to seduce eight other States into its councils. 

One needs to be as conversant with our federative system as perhaps 
only American publicists can be to understand how effectually, in the first 
instance, such a revolutionary movement must demoralize the general gov- 
ernment. We are not only a nation, but we are States also. All public 
officers, as well as all citizens, owe not only allegiance to the Union but 
allegiance also to the Slates in which they reside. In the more discontented 
States the local magistrates and other officers cast off at once their federal 
allegiance, and conventions were held which assumed to absolve their citi- 
zens from the same obligation. Even federal judges, marshals, clerks, and 
revenue officers resigned their trusts. Intimidation deterred loyal persons 
from accepting the offices thus rendered vacant. So the most important 
faculties of the federal government in those States abruptly ceased. The 
resigning federal agents, if the expression may be tised, attorned to the 
revolutionary authorities and delivered up to them public funds and other 
property and possessions of large value. The federal government had, 
through a long series of years, been engaged in building strong fortifica- 
tions, a navy yard, arsenals, mints, treasuries, and other public edifices, not 
in any case for use against those States, but chiefly for their protection and 
convenience. These had been unsuspectingly left either altogether or im- 
perfectly garrisoned or guarded, and they fell, with little resistance, into 
the hands of the revolutionary party. A general officer of the army gave 
up to them a large quantity of military stores and other property, disbanded 
the troops under his command, and sent them out of the territory of the 
disaffected States. 

It may be stated, perhaps without giving just offence, that the most pop- 
ular motive in these discontents was an apprehension of designs on the 
part of the incoming federal administration hostile to the institution of 
domestic slavery in the States where it is tolerated by the local constitutions 
and laws. That institution and the class which especially cherishes it are 
not confined to the States which have revolted, but they exist in the eight 
other so-called slave States; and these, for that reason, sympathize pro- 
foundly with the revolutionary movement. Sympathies and apprehensions 
of this kind have, for an indefinite period, entered into the bases of political 
parties throughout the whole country, and thus considerable masses of 
persons, whose ultimate loyalty could not be doubted, were found, even in 
the free States, either justifying, excusing, or palliating the movement 
towards distmion in the seceding States. The party which was dominant 
in the federal government during the period of the last administration 
embraced, practically, and held in unreserved communion, all disunionists 
and sympathizers. It held the executive administration. The Secretaries 
of the Treasury, War, and the Interior were disunionists. The same party 
held a large majority of the Senate, and neai'ly equally divided the House 
of Representatives. Disaffection lurked, if it did not openly avow itself, 
in every department and in every bureau, in every regiment and in every 
ship-of-war; in the post office and in the custom-house, and in every legation 
and consulate from London to Calcutta. Of four thousand four hundred 
and seventy officers in the public service, civil and military, two thousand 
one hundred and fifty-four were representatives of States where the revolu- 
tionary movement was openly advocated and urged, even if not actually 
organized. Our system being so completely federative and representative, 
no provision had ever been made, perhaps none ever could have been made, 
to anticipate this strange and unprecedented disturbance. The people were 
shocked by successive and astounding developments of what the statute 



ANNUAL MESSAGE OF THE PRESIDENT. 73 . 

book distinctly pronounced to be sedition and treason, but the mag-istracy 
was demoralized and the laws were powerless. By degrees, however, a 
better sentiment revealed itself. The executive administration hesitatingly, 
in part, reformed itself. The capital was garrisoned; the new President 
came in unresisted, and soon constituted a new and purely lo^^al adminis- 
tration. Thej^ found the disunionists perseveringly eng'aged in raising' 
armies and laying- sieges aroifnd national fortifications situate within the 
territory of the disaffected States. The federal marine seemed to have 
been scattered everywhere except where its presence was necessary, and 
such of the military forces as were not in the remote States and Territories 
were held back fi'om activity by vague and mysterious armistices which 
had been informally contracted by the late President, or under his authority, 
with a view to postpone conflict until impracticable concessions to disunion 
should be made by Congress, or at least until the waning term of his ad- 
ministration should reach its appointed end. Commissioners who had been 
sent by the new confederacy were already at the capital demanding recog- 
nition of its sovereignty and a partition of the national property and 
domain. The treasury, depleted by robbery and peculation, was exhausted, 
and the public credit was prostrate. 

It would be very unjust to the American people to suppose that this sin- 
gular and unhappy condition of things indicated any extreme favor or 
toleration of the purpose of a permanent dissolution of the Union. On the 
contrary, disunion at the very first took on a specious form, and it after- 
wards made its way by ingenious and seductive devices. It inculcated 
that the Union is a purely voluntary connexion, founded on the revocable 
assent of the several States ; that secession, in the case of great popular 
discontent, would induce consultation and reconciliation, and so that revo- 
lution, instead of being war, is peace, and disunion, instead of being dis- 
solution, is union. Though the ordinances of secession in the seceding States 
were carried through impetuously, without deliberation, and even by ques- 
tionable majorities, yet it was plausibly urged that the citizens who had 
remained loyal to the Union might wisely acqiiiesce, so as ultimately to 
moderate and control the movement, and in any event that if war should 
ensue, it would become a war of sections, and not a social war, of all 
others, and especially in those States, the form of war most seriousl}^ to be 
deprecated. It being assumed that peaceful separation is in harmcmy with the 
Constitution, it was urged as a consequence that coercion would, therefore, 
be unlawful and tyrannical ; and this principle was even pushed so far as 
to make the defensive retaining by the federal government of its position 
within the limits of the seceding States, or where it might seem to overawe 
or intimidate them, an act of such forbidden coercion. Thus it happened 
that for a long time, and in very extensive districts even, fidelity to the 
Union manifested itself by demanding a surrender of its powers and pos- 
sessions, and compromises with or immunity towards those who were 
engaged in overthrowing it by armed force. Disunion under these circum- 
stances rapidly matured. On the other hand, the country was bewildered. 
For the moment even loyal citizens fell naturally into the error of inquiring 
how the fearful state of things had come about, and who was responsible for 
it, thus inviting a continuance of the controversy out of which it had arisen, 
rather than rallying to the duty of arresting it. Disunion, sustained only 
by passion, made haste to attain its end. Union, on the contrary, required 
time, because it could only appeal to reason, and reason could not be heard 
until excitement should in some degree subside. Military spirit is an 
element always ready for revolution. It has a fuller development in the 
disaffected than in the loyal States. Thousands of men have already banded 



.74 ANNUAL MESSAGE OF THE PEESIDENT. 

themselves as soldiers in the cause of disunion, while the defenders of the 
Union, before resorting to arms, eveiywhere wait to make sure that it 
cannot be otherwise preserved. Even this cautious and pacific, yet patriotic 
disposition has been misunderstood and perverted by faction to encourage 
disunion. 

I believe that I have thus presented the disunion movement dispassion- 
ately and witliout misrepresenting its propo*'tions or its character. 

You will hardly be asked by responsible statesmen abroad why has not 
the new administration already suppressed the revolution. Thirty-tive days 
are a short period in which to repress, chiefly by moral means, a movement 
which is so active while disclosing itself throughout an empire. 

You will not be expected to promulgate this history, or to communicate 
it to the British government, but you are entitled to the President's viewsj 
which I have thus set forth in order to enable you to understand the policy 
which he proposes to pursue, and to conform your own action to it. 

The President neither looks for nor apprehends any actual and permanent 
dismemberment of the American Union, especially by a line of latitude. 
The improvement of our many channels of intercourse, and the perfection of 
our scheme of internal exchanges, and the incorporation of both of them 
into a great system of foreign commerce, concurring with the gradual 
abatement of the force of the only existing cause of alienation, have carried 
us alread}'^ beyond .the danger of disunion in that form. The so-called Con- 
federate States, therefore, in the opinion of the Pi'esident, are attempting 
what will prove a physical impossibility. Necessarily they build the 
structure of their new government upon the same principle by which they 
seek to destroy the Union, namely, the right of each individual member of 
the confederacy to withdraw from it at pleasure and in peace. A govern- 
ment thus constituted could neither attain the consolidation necessary for 
stability, nor guaranty any engagements it might make with creditors or 
other nations. The movement, therefore, in the opinion of the President, 
tends directly to anarchy in the seceding States, as similar movements in 
similar circumstances have alreadj'' resulted in Spanish America, and espe- 
cially in Mexico. He believes, nevertheless, that the citizens of those States, 
as well as the citizens of the other States, are too intelligent, considerate, 
and wise to follow the leaders to that disastrous end. For these reasons 
he would not be disposed to reject a cardinal dogma of theirs, namely, that 
the federal government could not reduce the seceding States to obedience 
by conquest, even although he w^ere disposed to question that proposition. 
But, in fact, the President willingly accepts it as true. Only an imperial 
or despotic government could subjugate thoroughly disaffected and insur- 
rectionarj'^ members of the State. This federal republican system of ours is 
of all forms of government the very one which is most unfitted for such a 
labor. Happily, however, this is only an imaginary defect. The system 
has within itself adequate, peaceful, conservative, and recuperative forces. 
Firmness on the part of the government in maintaining and preserving the 
public institutions and property, and in executing the laws where authority 
can be exercised without waging war, combined with ' such measures of 
justice, moderation, and forbearance as will disarm reasoning opposition, 
will be sufficient to secure the public safety until returning reflection, con- 
curring with the fearful experience of social evils, the inevitable fruits of 
faction, shall bring the recusant members cheerfully back into the family, 
which, after all, must prove their best and happiest, as it undeniably is 
their most natural home. The Constitution of the United States provides 
for that return by authorizing Congress, on application to be made by a 
certain majority of the States, to assemble a national convention, in which 



ANNUAL MESSAGE OF THE PEESIDENT. 75 

the organic law can, if it be needful, be revised so as to remove all real 
obstacles to a reunion, so suitable to the habits of the people, and so 
eminently conducive to the common safety and welfare. 

Keeping that remedy steadily in view, the President, on the one hand, will 
not suffer the federal authority to fall into abeyance, nor will he, on the 
other, aggravate existing evils by attempts at coercion which must assume 
the form of direct war against any of the revolutionary States. If, while 
he is pursuing this course, commended as it is by prudence as well as 
patriotism, the scourge of civil war for the first time in our history must 
fall upon our country during the term of his administration, that calamity 
will then have come through tlie agency, not of the government, but of 
those who shall have chosen to be its armed, open, and irreconcilable enemies; 
and he will not suffer himself to doubt that when the value of the imperilled 
Union shall be brought in that fearful manner home to the business and the 
bosoms of the American people, they will, with an unanimity that shall 
vindicate their wisdom and their virtue, rise up and save it. 

It does not, however, at all surprise the President that the confidence in 
the stability of the Union, which has been heretofore so universally enter- 
tained, has been violently shocked both at home and abroad. Surprise and 
fear invariably go together. The period of four months which intervened 
between the election which designated the head of the new administration 
and its advent, as has already been shown, assumed tlie character of an in- 
terregnum, in which not only were the powers of the government paralyzed, 
but even its resources seemed to disappear and be forgotten. 

Nevertheless, all the world know what are the resources of the United 
States, and that they are practically unencumbered as well as inexhaustible. 
It would be easy, if it would not seem invidious, to show that whatever 
may be the full development of the disunion movement, those resources 
will not be seriously diminished, and that the revenues and credit of the 
Union, unsurpassed in any other countiy, are adequate to every emergency 
that can occur in our own. Nor will the political commotions which await 
us sensibly disturb the confidence of the people in the stability of the gov- 
ernment. It has been necessary for us to learn, perhaps the instruction has 
not come too soon, that vicissitudes are incident to our system and our 
country', as they are to all others. The panic which that instruction naturally 
produced is nearly past. What has hitherto been most needful for the rein- 
vigoration of authority is already occurring. The aiders, abettors, and 
sympathizers with disunion, partly by their own choice and partly through 
the exercise of the public will, are falling out from the civil d(!partments of 
the govermnent as well as from the army and the navy. The national legis- 
lature will no longer be a distracted council. Our representatives in foreign 
courts and ports will henceforth speak only the language of loyalty to their 
country, and of confidence in its institutions and its destiny. 

It is much to be deplored that our representatives are to meet abroad 
agents of disunion, seeking foreign aid to effect what, unaided, is already 
seen to be desperate. You need not be informed that their success in Great 
Britain would probably render their success easy elsewhere. The President 
does not doubt that you fully appreciate the responsibility of your mission. 
An honoi'ed ancestor of yours was the first to represent your whole country, 
after its independence was established, at the same court to which you now 
' are accredited. The President feels assured that it will happen through no 
want of loyalty or of diligence on your part if you are to be the last to dis- 
charge that trust. You will have this great advantage, that from the hour 
when that country, so dear to us all, first challenged the notice of nations, 
until now, it has continually grown in their sympathy and reverence. 



7,6 ANNUAL MESSAGE OF THE PRESIDENT. 

Before considering' the arguments you are to use, it is important to indi- 
dicate those which you are not to employ in executing that mission: 

First. The President has noticed, as the whole American people have, 
with much emotion, the expressions of good will and friendship toward the 
United States, and of concern for their present embarrassments, which have 
been made on apt occasions by her Majesty and her ministers. You will 
make due acknowledgment for these manifestations, but at the same time 
you will not rely on any mere sympathies or national kindness. You will 
make no admissions of weakness in our Constitution, or of apprehension 
on the part of the government. You will rather prove, as you easily can, 
by comparing the history of our country with that of other states, that its 
Constitution and government are really the strongest and surest which have 
ever been erected for the safety of any people. You will in no case listen 
to any suggestions of compromise by this government, under foreign 
auspices, with its discontented citizens. If, as the President does not at all 
apprehend, you shall unhappily find her Majesty's government tolerating the 
application of the so-called seceding States, or wavering about it, you will 
not leave them to suppose for a moment that they can grant that applica- 
tion and remain the friends of the United States. You may even assure 
them promptly in that case that if they determine to recognize, they may at 
the same time prepare to enter into alliance with the enemies of this repub- 
lic. You alone will represent your country at London, and you will I'epresent 
the whole of it there. When you are asked to divide that duty with others, 
diplomatic relations between the government of Great Britain and this 
government will be suspended, and will remain so until it shall be seen 
•which of the two is most strongly entrenched in the confidence of their 
respective nations and of mankind. 

You will not be allowed, however, even if j'ou were disposed, as the 
President is sure you will not be, to rest your opposition to the application 
of the Confederate States on the ground of any favor this administration, or 
the party which chiefly called it into existence, proposes to show to Great 
Britain, or claims that Great Britain ought to show to them. You will not 
consent to draw into debate before the British government any opposing 
moral principles which may be supposed to lie at the foundation of the con- 
trovers}'' between those States and the federal Union 

You will indulge in no expressions of harshness or disrespect, or even impa- 
tience, concerning the seceding States, their agents, or their people. But you 
will,' on the contrary, all the while remember that those States are now, as 
they always heretofore have been, and, notwithstanding their temporary 
self-delusion, they must always continue to be, equal and honored members 
of this federal Union, and that their citizens throughout all political mis- 
understandings and alienations still are and always must be our kindred 
and countrymen. In short, all your arguments must belong to one of three 
classes, namely : First. Arguments drawn from the principles of public law 
and natural justice, which regulate the intercourse of equal States. Second- 
ly. Arguments which concern equally the honor, welfare, and happiness of 
the discontented States, and the honor, welfare, and happiness of the whole 
Union. Thirdly. Arguments which are equally conservative of the rights 
and interests, and even sentiments of the United States, and just in their 
bearing upon the rights, interests, and sentiments of Great Britain and all 
other nations. 

We freely admit that a nation may, and even ought, to recognize a new 
State which has absolutely and bej^ond question effected its independence, 
and permanently established its sovereignty; and that a recognition in such 
a case affords no just cause of offence to the government of the country 



ANNUAL MESSAGE OF THE PRESIDENT. 77 

from which the new State has so detached itself. On the other hand, we 
insist that a nation that recognizes a revolutionary State, with a view lo aid 
its effecting its sovereignty and independence, commits a great wrong 
against the nation whose integrity is thus invaded, and makes itself respon- 
sible for a just and ample redress. 

I will not stop to inquire whether it may not sometimes happen that an 
imperial government or even a federative one may not so oppress or aggrieve 
its subjects in a province or in a State as to justify intervention on the plea 
of humanity. Her Majesty's govei'nment, however, will not make a pretence 
that the present is such a case. The United States have existed under their • 
present form of government seventy and more years, and during all that 
time not one human life has been taken in forfeiture for resistance to their 
authority. It must be the verdict of history that no government so just, so 
equal, and so humane, has ever elsewhere existed. Even the present disunion 
movement is confessedly without any better cause than an apprehension of 
dangers which, from the very nature of the government, are impossible; 
and speculations of aggressions, which those who know the physical and 
social arrangements of this continent must see at once are fallacious and 
chimerical. 

The disunionists will, I am sure, take no such ground. They will appeal, 
not to the justice, or to the magnanimity, but to the cupidity and caprice of 
Great Britain. 

It cannot need many words to show that even in that form their appeal 
ought to be promptly dismissed. I am aware that the revenue law lately 
passed by Congress is vehemently denounced in Great Britain. It might 
be enough to say on that subject that as the United States and Great 
Britain are equals in dignity, and not unequal in astuteness in the science 
and practice of political economy, the former have good right to regard only 
their own convenience, and consult their own judgment in framing their rev- 
enue laws. But there are some points in this connexion which you may 
make without compromismg the self-respect of this government. 

In the circumstances of the present case, it is clear that a recognition of 
the so-called Confederate nations must be deemed equivalent to a deliberate 
resolution by her Majesty's government that this American Union, which has 
so long constituted a sovereign nation, shall be now permanently dissolved, 
and cease to exist forever. The excuse for this resolution, fraught, if 
effectual, with fearful and enduring consequences, is a change in its revenue 
laws — a change which, because of its very nature, as well as by reason of 
the ever-changing course of public sentiment, must necessarily be temporary 
and ephemeral. British censors tell us that the new tariff is unwise for our- 
selves. If so, it will speedily be repealed. They say it is illiberal and 
injurious to Great Britain. It cannot be so upon her priiiciples without 
being also injurious to ourselves, and in that case it will be promptly re- 
pealed. Besides, there certainly are other and more friendly remedies for 
foreign legislation that is injurious without premeditated purpose of injury, 
which a magnanimous government will try before it deliberately seeks the 
destruction of the offended nation. 

The application of the so-called Confederate States, in the aspect now 
under consideration, assumes that they are offering, or will offer, more 
liberal commercial facilities than the United States can or will be disposed 
to concede. Would it not be wise for Great Britain to wait until those 
liberal facilities shall be definitely fixed and offered by the Confederate 
States, and then to wait further and see whether the United States may not 
accord facilities not less desirable ? 

The union of these States seventy years ago established perfectl}^ free 



78 ANNUAL MESSAGE OF THE PRESIDENT. 

trade between the several States, and this, in effect, is free trade throughout 
the largest inhabitable part of North America. During all that time, with 
occasional and very brief intervals, not affecting the result, we have been 
constantly increasing in commercial liberality towards foreign nations. 
We have made that advance necessarily, because, with increasing liberal- 
ity, we have at the same time, owing to controlling causes, continually 
augmented our revenues and increased our own productions. The sagacity 
of the British government cannot allow it to doubt that our natural course 
hereafter in this respect must continue to be the same as heretofore. 

The same sagacity may be trusted to decide, first, whether the so-called 
Confederate States, on the emergency of a military revolution, and having 
no other sources of revenue than duties on imports and exports levied 
within the few ports they can command without a naval force, are likely to 
be able to persevere in practicing the commercial liberality they proffer as 
an equivalent for recognition. Manifestl}', moreover, the negotiation which 
they propose to open with Great Britain implies that peace is to be pre- 
served while the new commerce goes on. The sagacity of her Majesty's 
government may be trusted to consider whether that new government is 
likely to be inaugurated without war, and whether the commerce of Great 
Britain with this country would be likely to be improved by flagrant war 
between the southern and northern States. 

Again, even a very limited examination of commercial statistics will be suf- 
ficient to show that while tiae staples of the disaffected States do, indeed, as 
they claim, constitute a very important portion of the exports of the United 
States to European countries, a very large portion of the products and 
fabrics of other regions consumed in those States are derived, and must 
continue to be derived, not from Europe, but from the northern States, 
while the chief consumption of European productions and fabrics imported 
into the United States takes place in these same States. Great Britain 
may, if her government think best, by modifying her navigation laws, try 
to change these great features of American commerce; but it will require 
something more than acts of the British Parliament and of the proposed 
revolutionary Congress to modify a commerce that takes its composite 
character from all the various soils and climates of a continent, as well as 
from the diversified institutions, customs and dispositions of the many com- 
munities which inhabit it. 

Once more: All the speculations which assume that the revenue law 
recently passed by Congress will diminish the consumption of foreign 
fabrics and productions in the United States are entirely erroneous. The 
American people are active, industrious, inventive, and energetic, but they 
are not penurious or sordid. They are engaged with wonderful effect in 
developing the mineral, forest, agricultural and pastoral resources of a vast 
and, practically, new continent. Their wealth, individual as well as public, 
increases every day in a general sense, irrespective of the revenue laws of 
the United States, and every day also the habit of liberal — not to say pro- 
fuse—expenditure grows upon them. There are changes in the nature and 
character of imported productions which they consume, but practically no 
decline in the quantity and value of imports. 

It remains to bring out distinctly a consideration to which I have already 
adverted. Great Britain has within the last forty-five years changed char- 
acter and purpose. She has become a power for production, rather than a 
power for destruction. She is committed, as it seems to us, to a policy of 
industry, not of ambition; a policy of peace, not of war. One has only to 
compare her present domestic condition with that of any fornaer period to 
see that this new career on which she has entered is as wise as it is 



ANNUAL MESSAGE OF THE PRESIDENT. 79 

humane and beneficent. Her success in this career requires peace through- 
out the civilized world, and nowhere so much as on this continent. Recog- 
nition b}^ her of the so-called Confederate States would be intervention and war 
in this country. Permanent dismemberment of the American Union in conse- 
quence of that intervention would be perpetual war— civil war. The new 
confederacy which in that case Great Britain would have aided into exist- 
ence must, like any other new state, seek to expand itself northward, west- 
ward, and southward. What part of this continent or of the adjacent 
islands would be expected to remain in peace? 

The President would regard it as inconsistent with his habitually high 
consideration for the government and people of Great Britain to allow me 
to dwell longer on the merely commercial aspects of the question under 
discussion. Indeed he will not for a moment believe that, upon considera- 
tion of merely financial gain, that government could be induced to lend its 
aid to a revolution designed to overthrow the institutions of tliis country, 
and involving ultimately the destruction of the liberties of the American 
people. 

To recognize the independence of a new state, and so favor, possibly de- 
termine, its admission into the family of nations, is the highest possible 
exercise of sovereign power, because it affects in any case the welfare of 
two nations, and often the . peace of the world. In the European system 
this power is now seldom attempted to be exercised without invoking a 
consultation or congress of nations. That system has not been extended 
to this continent. But there is even a greater necessity for prudence in 
such cases in regard to American States than in regard to the nations of 
Europe. A revolutionary change of dynasty, or even a disorganization and 
recombination of one or many States, therefore, do not long or deeply affect 
the general interests of society, because the ways of trade and habits of 
society remain the same. But a ra«!ical change effected in the political 
combinations existing on the continent, followed, as it probably would be, 
by moral convulsions of incalculable magnitude, would threaten the sta- 
bility of society throughout the world. 

Humanity has indeed little to hope for if it shall, in this age of high im- 
provement, be decided without a trial that the principle of international law 
which regards nations as moral persons, bound so to act as to do to each 
other the least injury and the most good, is merely an abstraction too 
refined to be reduced into practice by the enlightened nations of Western 
Europe. Seen in the light of this principle, the several nations of the earth 
constitute one great federal republic. When one of them casts its suffrages 
for the admission of a new member into that republic, it ought to act under 
a profound sense of moral obligation, and be governed by considerations as 
pure, disinterested, and elevated as the general interest of society and the 
advancement of human nature. 

The British empire itself is an aggregation of divers communities which 
cover a large portion of the earth and embrace one-fifth of its entire popula- 
tion. Some, at least, of these communities are held to their places in that 
system by bonds as fragile as the obligations of our own federal Union. 
The strain will some time come which is to try the strength of these bonds, 
though it will be of a different kind from that which is trying the cords of 
our confederation. Would it be wise for her Majesty's government, on this 
occasion, to set a dangerous precedent, or provoke retaliation ? If Scotland 
and Ireland are at last reduced to quiet contentment, has Great Britain no 
dependency, island, or province left exposed along the whole circle of her 
empire, from Gibraltar through the West Indies and Canada till it begins 
again on the southern extremity of Africa ? 



80 ANNUAL MESSAGE OF THE PRESIDENT. 

The President will not dwell on the pleasing recollection that Great 
Britain, not yet a year ago, manifested by marked attention to the United 
States her desire for a cordial reunion which, all ancient prejudices and 
passions being buried, should be a pledge of mutual interest and sympathy 
forever thereafter. The United States are not indifferent to the circumstances 
of common descent, language, customs, sentiments, and religion, which 
recommend a closer sympathy between themselves and Great Britain than 
either might expect in its intercourse with any other nation. The United 
States are one of many nations which have sprung from Great Britain herself. 
Other such>nations are rising up in various parts of the globe. It has been 
thought by many who have studied the philosophy of modern history pro- 
foundly, that the success of the nations thus deriving their descent from 
Great Britain might, through many ages, reflect back upon that kingdom 
the proper glories of its own great career. The government and people of 
Great Britain may mistake their commercial interests, but they cannot 
become either unnatural or indifferent to the impulses of an undying ambition 
to be distinguished as the leaders of the nations in the ways of civilization 
and humanity. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 



3Tr. Dallas to Mr. Seward. 
[Extracts.] 



No. 325.] Legation of the United States, 

London, March 22, 186L 

Sir : I have recently had the honor to receive your despatches, numbered 
304 and 305. 

Having noticed that the despatch No. 304, bearing date the 28th of 
February, respecting the newly-formed confederacy of seceded States, was 
in harmony as well with the views enunciated in the inaugural address on 
the 4th instant as with those of the presidential message of December last, 
I lost no time in seeking an interview with her Majesty's principal secretary 
of state for foreign affairs, and in stating the opposition which 1 am in that 
despatch instructed to make to any recognition by the Queen of England of 
the independence of those who have thus attempted to throw off their federal 
obligations. 

The necessary opportunity was accorded to me on the day after the receipt 
of the despatch, yesterday. Lord John Russell then listened to the commu- 
nication as one he expected ; though on its purport the British cabinet, if 
they had interchanged opinions at all, had reached no definite conclusion as 
to their proper course of action. 

I took the liberty to inquire whether any one professing to represent the 
southern repiiblic had approached this government on the subject, and his 
lordship, with prompt frankness, assured me that he felt no hesitation in 
answering in the negative, adding that he had been shown a private letter 
from which he inferred that accredited ministers or commissioners, authorized 
to negotiate for the recognition, would shortly be sent by the provisional 
authorities of Montgomery. 

I have the honor to be, sir, your most obedient servant, 

G. M. DALLAS. 

The Hon. the Secretary of State, Washington. 



• ANNUAL MESSAGE OF THE PRESIDENT. 81 

31r. Dallas to Mr. Seward. 

[Extract.] 

No. 329.] Legation of the United States, 

London, April 5, 1861. 

Sir: I have the honor to acknowledge the receipt of your despatches, 
numbered 306 and 307, and a circular, dated the 9th of March, 1861, 
respecting the probable cflForts of persons claiming to represent a southern 
provisional government to obtain the recognition of their independence by 
Great Britain. 

Respecting this last-mentioned subject, I addressed yesterday, as soon as 
your instruction was received, a note to her Majesty's principal secretary of 
state for foreign affairs requesting an early interview, deeming it not 
impossible that I might be enabled to send you something by this steamer. 
My note, however, is yet unanswered, owing, I presume, to the absence of 
Lord John Russell from town. The commissioners from the new confederacy 
have not yet arrived, and may not arrive until late in this month. You were 
apprised by my despatch of the 22d ultimo (No. 325) that, on the receipt 
from the department of your predecessors. No. 304, I had lost no time in 
placing the matter properly before this government. Your own views will 
be communicated in greater fullness when the opportunity is allowed me. 

I have the honor to be, sir, your obedient servant, 

G. M. DALLAS. 
The Hon, William H. Seward, Secretary of State 



Mr. Dallas, to Mr. Seward. 



No. 330.] Legation of the United States, 

London, April 9, 1861. 

Sir: Referring to my despatch of the 5th instant, (No. 329,) I have now 
the honor to state that Lord John Russell accorded me an interview at the 
foreign office yesterday, and enabled me to submit fully to his consideration 
the representations of your circular, with the inaugural address of the 
President. 

We conversed for some time on the question of recognizing the alleged 
southern confederacy, of which no representative has yet appeared, and 
may not appear until the end of the month. 

His lord^iip assured me with great earnestness that there was not the 
slightest disposition in the British government to grasp at any advantage 
which might be supposed to arise from the unpleasant domestic differences 
in the United States, but, on the contrary, that they would be highly grati- 
fied if those differences were adjusted and the Union restored to its former 
unbroken position. 

I pressed upon him, in concluding, if that were the case — and I was quite 
convinced that it was — how important it must be that this country and 
France should abstain, at least for a considerable time, from doing- what, by 
encouraging groundless hopes, would widen a breach still thouglit capable 
of being closed. 

He seemed to think the matter not ripe for decision one way or the other, 

Ex. Doc. 1 6 



82 ANNUAL MESSAGE OF THE PRESIDENT. • 

and remarked that what he had said was all that at present it was in his power 
to say. The coming- of my snccessor, Mr. Adams, looked for from week to 
week, would doubtless be regarded as the appropriate and natural occasion for 
finally discussing and determining the question. In the intermediate time 
whatever of vigilance and activity may be necessary shall, of course, and 
as a high duty, be exerted. 

English opinion tends rather, I apprehend, to the theory that a peaceful 
separation may work beneficially for both groups of States and not injuriously 
afiect the rest of the world. They cannot be expected to appreciate the 
weakness, discredit, complications, and dangers which we instinctively and 
justly ascribe to disunion. 

I beg to add that a phase of this subject will be introduced in the House 
of Commons to-night by Lord Alfred Churchill, and that on the 15th instant 
a motion favoring the recognition will be pressed by Mr. W. H. Gregory, 
member for Galway. 

I have the honor to be, sir, your most obedient servant, 

G. M. DALLAS. 

Hon. William H. Seward, 

Secretary of State. 



PAELIAMENTAEY NOTICES. 



House of Lords, Tuesday, April 9. 
Blackpool and Lytham railroad bill. , I 

ORDERS or THE DAT. 

Middleton's estate. — Standing order No. 141 to be considered, in order to 
its being dispensed with, on the petition for a private bill. 
Lunacy regulation bill. — Committee. 
Queensland government bill. — Commiti:ee. 

House of Commons, Tuesday, April 0, :; 

NOTICES of motions. 

Lord Stanley. — To ask the under secretary of state for war what steps J 

have been or are being taken to abolish purchase in the army above the 
rank of major, as recommended 'by the commission of 1856. ' 

Lord Alfred Churchill. — To ask the secretary of state for foreign affairs 
whether it is the intention of her Majesty's government to recognize the 
Confederate States of America without a guarantee that the flag of that 
confederation shall not be made subservient to the slave trade, and whether 
it is the intention of her Majesty's government to invite a conference of the 
European powers on the subject, so as to prevent the African slave trade 
being reopened or carried on under the flag of the said confederation. 



Mr. Seward to Mr. Adams. 



No. 4.] Department of State, 

Washington, Ajjril 27, 1861. 

Sir: A despatch has just been received from Mr. Dallas, dated the 9th of 
April instant, the record of which (No. 330) you doubtless will find in the 
archives of the legation when you shall have arrived at London. 



AOTirUAL MESSAGE OF THE PKESEDENT. 83 

In that paper Mr. Dallas states that he had had a conversation with Lord 
John Russell, the minister of foreign affairs of lierBrifannic Majesty's gov- 
ernment, on the subject of a protest against any recognition of the so-called 
Confederate States of America, the protest having been presented to him by 
Mr. Dallas, in obedience to a circular letter of instructions sent to him from 
this department, under the date of tlie 9th ultimo. 

Mr. Dallas represents that his lordship assured him, with great earnestness, 
tliat there was not the slightest disposition in the British government to 
grasp at any advantage which might be supposed to arise from the unplea- 
sant domestic differences in the United States; but, on the contrary, that they 
would be highly gratified if those differences were adjusted, and the Union 
restored to its former unbroken position. 

This, by itself, would be very gratifying to the President. Mr. Dallas, 
however, adds that he endeavored to impress upon his lordship how impor- 
tant it must be that Great Britain and France should abstain, at least for a 
considerable time, from doing what, by encouraging groundless hopes, would 
widen a bi'each still thought capable of being closed ; but that his lordshid 
seemed to think the matter not ripe for decision one way or the other, and 
remarked that what he had already said was all that at present it was in 
his power to say. 

When you shall have read the instructions at large which have been sent 
to you, you will hardly need to be told that these last remarks of his lord- 
ship are by no means satisfactory to this government. Her Britannic 
Majesty's government is at liberty to choose whether it will retain the friend- 
ship of this government by refusing all aid and comfort to its enemies, now 
in f3agrant rebellion against it, as we think the treaties existing between 
the two countries require, or whether the government of her Majesty will 
take the precarious benefits of a different course. 

You will lose no time in making known to her Britannic Majesty's gov- 
ernment that the President regards the answer of his lordship as possibly 
indicating a policy that this government would be obliged to deem injurious 
to its rights and derogating from its dignity. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWAED. 

C. F. Adams, Esq., 

&c., &c., &c. 



Mr. Dallas to Mr. Seward. 



No. 333.] Legation of the United States, 

London, May 2, 186L . 

Sir: In my No. 329 I mentioned having received your Nos. 306 and 
301, and "a circular of the 9th of March, 1861." As I have got no despatch 
from you, numbered 308, it is probable that this " circular" was considered 
at the department as representing that number in the series. I have now 
to acknowledge your several despatches, numbered, respectively, 309, 310, 
311, and 312, whose contents have had my careful and prompt attention. 

You have doubtless noticed that the motion of Mr. Gregory, in the House 
of Commons, on the recognition of the southern confederation — which motion 
I mentioned at the conclusion of my No. 330 — underwent postponement 
from the 16th to the 30th ultimo, and has again been deferred a fortnight, 
for the reasons stated in the extract from the " Times" newspaper of the 
30th April, hereto annexed. 



84 ANNUAL MESSAGE OF THE PEESIDENT. 

The solicitude felt by Lord John Russell as to the eiFect of certain measures 
represented as likely to be adopted by the President induced him to request 
me to call at his private residence yesterday. I did so. He told me that 
the three representatives of the southern confederacy were here; that he 
bad not seen them, but was not unwilling to do so, unofficially; that there 
existed an understanding between this government and that of France which 
would lead both to take the same course as to recognition, whatever that 
course might be; and he then referred to the rumor of a meditated blockade 
of southern ports and their discontinuance as ports of entry — topics on 
which I had heard nothing, and could- therefore say nothing. But as I 
informed him that Mr. Adams had apprised me of his intention to be on his 
way hither, in the steamship "Niagara," which left Boston on the 1st May, 
and that he would probably arrive in less than two weeks, by the 12th or 
15th instant, his lordship acquiesced in the expediency of disiHigarding mere 
rumor, and waiting the full knowledge to be brought by my successor. 

The motion, therefore, of Mr. Gregory may be further postponed, at his 
lordship's suggestion. 

I have the honor to be, sir, your most obedient servant, 

G. M. DALLAS. 

Hon. William H. Seward, 

Secretary of Stale. 



[From the London Times, April 30, 1861.] 

America. — In reply to a question from Mr. W. E. Foster, Mr. Gregory 
stated that in deference to the expressed opinion of the foreign secretary, 
who had informed him that a discussion at the present moment upon the 
expediency of a prompt recognition of the southern confederation of America 
would be embarrassing to the public service, and in deference, also, to the 
wishes of several honorable friends of his, he should postpone for a fortnight 
the motion which stood in his name for to-morrow night. The noble lord at 
the head of the foreign office believed that the motion might then be brought 
forward without inconvenience. 



. [From the London Times, May 3, 1861.] 

America. — Southern Letters of Marque. — Mr. J. Ewart asked the secretary 
of state for foreign affairs whether, seeing the possibility of privateering 
being permitted and encouraged by the southern confederation of the States 
of America, her Majesty's government had placed a sufficient naval force, or 
.intended to increase it, in the Gulf of Mexico, with a view to protect British 
shipping and British property on board of American ships ; and if privateere, 
sailing under the flag of an unrecognized power, would be dealt with as 
pirates. 

Lord J. Russell said : In answer to the first part of the question of the 
honorable gentleman, I beg to say that her Majesty's government has directed 
that a naval foixe, for the protection of British shipping, should be sent t-o 
the coast of America. As to the latter part of the question, I will state to 
tJie house that the government has, from day to day, received the most la- 
mentable accounts of the progress of the war in the States of America. 
Her Majesty's government heard the other day that the Confederated States 
have issued letters of marque ; and to-day we have heard that it is intended 
there shall be a blockade of all the ports of the southern States. As to tlie 



ANNUAL MESSAGE OF THE PEESIDENT 85 

general provisions of the law of nations on these questions, some of the 
points are so new as well as so important that they have been referred to 
tire law oflScers of the crown for their opinion in order to guide the govern- 
ment in its instructions both to the English minister in America and the 
commander of the naval squadron. Her Majesty's government has felt that 
it was its duty to use every possible means to avoid taking any part in the 
lamentable contest now raging- in the American States. (Hear, hear.) And 
nothing but the imperative duty of protecting British interests, in case they 
should be attacked, justifies the government in at all interfering. We have 
not been involved in any way in that contest by any act or giving any 
advice in the matter, and, for God's sake, let us if possible keep out of it! 
(Cheers.) 



31)'. Adams to Mr. Seward. 



[Extracts.] 

No. 1.] Legation of the United States, 

London, May 11, 1861. 

Sir: I have the satisfaction to announce my safe arrival at this place on 
Monday evening, the 13th of this month. The steamer reached Liverpool at 
eleven in the morning, where I was received with the utmost kindness, and 
strongly solicited to remain at least one day. A large deputation of the 
American Chamber of Commerce waited upon me and delivered an address, 
to which I made a brief reply. Both have been printed in the newspapers, 
and I transmit a copy of the Times containing them. I could not fail to 
observe, in the course of these proceedings, the great anxiety and the fluc- 
tuating sentiment that prevail in regard to the probable issue of affairs in 
America. I could also perceive that niy arrival had been expected with far 
more solicitude than I had anticipated. It was not disguised from me that 
a supposed community of interest in the cotton culture was weighing 
heavily in that city in favor of the disaffected; and that much misapprehen- 
sion prevailed as to the relative position of parties in the United States, 
which it was of some consequence to dispel. To this end it had been the 
wish that I could have found it convenient to make a longer stay in the 
place. 

Under other circumstances I might have so far deferred to these repre- 
sentations as to delay my departure for twenty-four hours. But, on the 
other hand, some incidental allusions to the state of things in London con- 
vinced me of the importance of losing no time on my way. Accordingly I 
took the next train in the afternoon, and was in a condition to proceed at 
once to business on the morning of Tuesday, the 14th. In the interval 
between my departure from Boston on the 1st and my arrival on the 14th, I 
discovered that some events had taken place deserving of attention. The 
agents of the so-called Confederate States had arrived, and, as it is sup- 
posed, through their instigation certain inquiries and motions had been 
initiated in Parliament for the purpose of developing the views of the 
ministry in regard to American affairs. I allude more particularly to the 
questions proposed by Mr. Gregory, of Galway, and to the motion of Mr. 
Horsl'all, the member for Liverpool, touching the effect of the blockade pro- 
claimed by the President against the southern ports. The answer given by 
Lord John Russell, in the proceedings of the 6th of May, will, of course, 
have attracted your attention long before these lines meet your eye. I need 



86 AiSNUAL MESSAGE OF THE PRESIDENT. 

not say that it excited g-eneral surprise, especially among those most friendly 
to the government of the United States. There seemed to be not a little 
precipitation in at once raising the disafiected States up to the level of a 
belligerent power, before it had developed a single one of the real elements 
which constitute military efficiency outside of its geographical limits. The 
case of the Greeks was by no means a parallel case, for the declaration had 
not been made until such time had intervened as was necessary to prove, 
by the very words quoted by Lord John Russell from the instructions of the 
British government, that the power was sufficient " to cover the sea with 
its cruisers." Whereas in the present instance there was no evidence to 
show as yet the existence of a single privateer afloat. The inference seemed 
almost inevitable that there existed a disposition at least not to chill the 
hopes of those who are now drawing the very breath of life only from the 
expectation of sympathy in Great Britain. Yet I am not quite prepared to 
say that there is just ground for the idea. On the contrary, I am led to 
believe, from the incidental discussion afterwards held in both houses, as 
well as from other information, that the language of Lord John Russell was 
viewed as not altogether sufficiently guarded, and that the ministry as a 
whole are not prepared to countenance any such conclusion. 

There are still other reasons which occasion in me great surprise at the 
action of his lordship. I need not say that I was received by my prede- 
cessor, Mr. Dallas, with the greatest kindness and cordiality. I immediately 
learned from him that he had declined himself to enter into any discussions 
on the subject, because he knew that I was already on my way out, and 
that I should probably come fully possessed of the views of my government;, 
and ready to communicate them freely to the authorities here. To this end 
he had already concerted with Lord John Russell the earliest possible 
measures for my presentation and for a conference with him. Li regard to 
the ceremony, there were circumstances attending it which, in the precise 
posture of affairs, give it some significance. * * On Tuesday morning 
Mr. Dallas called on me to accompany him on his visit to Lord John Russell, 
at his house, at eleven o'clock. Great was our disappointment, however, to 
find that he had been suddenly called away, at an eai-fy hour, to visit his 
brother, the Duke of Bedford, at Woburn Abbey, who was very ill, and who 
actually^ died at two o'clock in the afternoon of that day. This, of course, 
has put an end to all further communication with him for the present. I 
very much regretted this circumstance, as I should have been glad to con- 
verse with him prior to the final action upon the proclamation which was 
adopted by the Privy Council, and which was issued in the Gazette on the 
very same day. A copy of that proclamation is to be found in the Times of 
the 15th of May, the same paper which I have already desired to transmit 
for another purpose. I submit it to your consideration without comment. 

Feeling doubtful how the informal arrangement of Lord John Russell 
might have been affected by his sudden departure, I at once addressed to 
him the customary announcement of my arrival, and a request for an 
audience of her Majesty at an early day. This brought me immediate 
replies from the minister and from his secretary, Mr. Hammond, confirming 
the appointment of Thursday (yesterday) as the time for mj'' presentation, 
while the latter gentleman notified me that in the absence of Lord John 
Russell Lord Palmerston would be in waiting at the palace at three o'clock 
to present me. At the same time Mr. Dallas received a similar notification, 
appointing the same hour and place for his audience of leave. This arrange- 
ment was fully carried out yesterday according to the programme. Mr. 
Dallas was introduced first, and took his leave, after which I presented my 
credentials, with a few words expressive of the desire of my government to 



ANNUAL MESSAGE OF THE PRESIDENT. 87 

maintain the friendly relations existing between the two countries; and 
thus I became the recognized minister. 

Thus an end is put to all the speculations which have been set afloat in 
some quarters for interested purposes touching the probable position of the 
minister of the United States at this court. I might add, that so far I have 
every reason to be fully satisfied with the reception which I have met with 
from everybody. Fortunately the news w^hich came from the United States 
by the same steamer which brought me was calculated to dispel many of 
the illusions that had been industriously elaborated during the period of 
isolation of the city of Washington, and to confirm the faith of those who 
had permitted themselves to doul»t whether all government in the United 
States was of any more cohesiveuess than a rope of sand. Yet I cannot say 
that the public Opinion is yet exactly what we would wish it. Much depends 
upon the course of things in the United States, and the firmness and energy 
made visible in the direction of affairs. 

The morning papers contain a report of the debate in the House of Lords 
on the Queen's proclamation, to which I beg to call your particular atten- 
tion. I cannot say that the tone of it is generally such as I could wish. 
There is undoubtedlj- a considerable influence at work here both in and out 
of the ministry which must be met and counteracted at as early a moment as 
practicable. Mr. Gregory yesterday gave notice of a postponement of the 
consideration of his motion until the 7th of June. The reason assigned is the 
situation of Lord John Russell. * * The same cause, however, which 
postpones this debate also delays my opportunities of conference with the 
minister. My wish has been to confer with him rather than with any of the 
subordinates, for reasons which will readily occur to you. Next week come 
the Whitsuntide holidays, and the adjournment of Parliament for ten days, 
during which little can be done with eflect. I propose, nevertheless, at once 
to apply for a conference at as early a period as possible. 

I have just received a visit from a Mr. Arrowsmith, who came on behalf 
of Mr. Cunard's Steamship Company, to know whether the government would 
desire any number of their steam vessels to further their operations of blockade. 
I said, in reply, that I had no instructions on that point, and could give no 
information, but that I was now writing and would communicate the pro- 
posal. Mr. Arrowsmith says that fifteen or twenty vessels could be furnished 
at a moment's notice, which, by preparations of cotton pressed between decks, 
could be made to sustain guns, and thus be eflicient instruments in closing 
the southern ports. 

I have the honor to be your obedient servant, 

CHARLES FRANCIS ADAMS. 

Hon. William H. Seward, 

Secretary of State, Washington, D. G. 

P. S. — I have this moment received your despatches No. 3 and No. 4. 
They are of such importance that I immediately addressed a note to the 
foreign office requesting an early interview. 



3Ir. Seicard to Mr. Adams. 

[Extracts.] 

No. 10.] Department of State, 

Washington, May 21, 1861. 

Sir: This government considers that our relations in Europe have reached 
a crisis, in which it is necessary for it to take a decided stand, on which not 



88 AlfNUAL MESSAGE OF THE PRESIDENT. 

only its immediate measures, but its ultimate and permanent policy can be 
determined and defined. At the same time it neither means to menace 
Great Britain nor to wound the susceptibilities of that or any other European 
nation. That policy is developed in this paper. 

The paper itself is not to be read or shown to the British secretary of 
state, nor are any of its positions to be prematurely, unnecessarily, or indis- 
creetly made known. But its spirit will be your guide. You will keep 
back nothing when the time arrives for its being said with dignity, propriety, 
and effect, and you will all the while be careful to say nothing that will be 
incongruous or inconsistent with the views which it contains. 

Mr. Dallas, in a brief despatch of May 2, (No. 333,) tells us that Lord 
John Russell recently requested an interview with him on account ot the 
solicitude which his lordship felt concerning the effect of certain measures 
represented as likely to be adopted by the President. In that conversation 
the British secretary told Mr. Dallas that the three representatives of the 
southern confederacy were then in London, that Lord John Russell had not 
yet seen them, but that he was not unwilling to see them unofficially. He 
further informed Mr. Dallas that an understanding exists between the British 
and French governments which would lead both to take one and the same 
course as to recognition. His lordship then referred to the rumor of a 
meditated blockade by us of southern ports, and a discontinuance of them 
as ports of entry. Mr. Dallas answered that he knew nothing on those 
topics, and therefore could say nothing. He added that you were expected 
to arrive in two weeks. Upon this statement Lord John Russell acquiesced 
in the expediency of waiting for the full knowledge you were expected to 
bring. 

Mr. Dallas transmitted to us some newspaper reports of ministerial expla- 
nations made in Parliament. 

You will base no proceedings on parliamentary debates further than to seek 
explanations, when necessary, and communicate them to this department. 

The President regrets that Mr. Dallas did not protest against the proposed 
unofficial intercourse between the British government and the missionaries 
of the insurgents. It is due, however, to Mr. Dallas to say that our instruc- 
tions had been given only to you and not to him, and that his loyalty and 
fidelity, too rare in these times, are appreciated. 

Intercourse of any kind with the so-called commissioners is liable to be 
construed as a recognition of the authority which appointed them. Such 
intercourse would be none the less hurtful to us for being called unofficial, 
and it might be even more injurious, because we should have no means of 
knowing what points might be resolved by it. Moreover, unofficial inter- 
course is useless and meaningless if it is not expected to ripen into official 
intercourse and direct recognition. It is left doubtful here whether the pro- 
posed unofficial intercourse has yet actually begun. Your own antecedent 
instructions are deemed explicit enough, and it is hoped that you have not 
misunderstood them. You will, in any event, desist from all intercourse 
whatever, unofficial as well as official, with the British government, so long 
as it shall continue intercourse of either kind with the domestic enemies of 
this country. When intercourse shall have been arrested for this cause, you 
will communicate with this department and receive further directions. 

Lord John Russell has informed us of an understanding between the 
British and French governments that they will act together in regard to our 
affairs. This communication, however, loses something of its value from 
the circumstance that the communication was withheld until after knowl- 
edge of the fact had been acquired by us from other sources. We know 
also another fact that has not yet been officially communicated to ns, 
namely: That other European states are apprized by France and England 



AKNUAL MESSAGE OF THE PRESIDENT. 89 

of their ajjreemcnt, and are expected to concur with or follow them in what- 
ever measures they adopt on the subject of recognition. Tlie United States 
have been impartial and just in all their conduct towards the several nations 
of Europe. They will not complain, however, of the combination now an- 
nounced by the two leading powers, although they think they had a right 
to expect a more independent, if not a more friendly course, from each of 
them. You will take no notice of that or any other alliance. Whenever 
the European governments shall see fit to communicate directly with us, we 
shall be, as heretofore, frank and explicit in our reply. 

As to the blockade, you will say that by our own laws and the laws of 
nature, and the laws of nations, this government has a clear right to sup- 
press insurrection. An exclusion of commerce from national ports which 
have been seized by insurgents, in the equitable form of blockade, is a 
proper means to that end. You will not insist that our blockade is to be 
respected, if it be not maintained by a competent force; but passing by that 
question as not now a practical or at least an urgent one, you will add that 
tlie blockade is now, and it will continue to be, so maintained, and therefore 
we expect it to be respected by Great Britain. You will add that we have 
already revoked the exequatur of a Russian consul who had enlisted in the 
military service of the insurgents, and we shall dismiss or demand the recall 
of every foreign agent, consular or diplomatic, who shall either disobey the 
federal laws or disown the federal authority. 

As to the recognition of the so-called Southern Confederacy, it is not to 
be made a subject of technical definition. It is, of course, direct recognition 
to publish an acknowledgment of the sovereignty and independence of a 
new power. It is direct recognition to receive its embassadors, ministers, 
agents or commissioners, officially. A concession of belligerent rights is 
liable to be construed as a recognition of them. No one of these proceedings 
will pass unquestioned by the United States in this case. 

Hitherto, recognition has been moved only on the assumption that the 
so-called Confederate States are de facto a self-sustaining power. Now, 
after long forbearance, designed to sooth discontent and avert the need of 
civil war, the land and naval forces of the United States have been put in 
motion to repress insurrection. The true character of the pretended new 
State is at once revealed. It is seen to be a power existing in pronuncia- 
mento only. It has never won a field. It has obtained no forts that were 
not virtually betrayed into its hands or seized in breach of trust. It com- 
mands not a single port on the coast nor any highway out from its pretended 
capital by land. Under these circumstances. Great Britain is called upon 
to intervene and give it body and independence by resisting our measures 
of suppression. British recognition would be British intervention, to create 
within our territory a hostile State by overthrowing this republic itself. 

As to the treatment of privateers in the insurgent service, you will say 
that this is a question exclusively our own. We treat them as pirates. 
They are our own citizens, or persons employed by our citizens, preying on 
the conunerce of our country. If Great Britain shall choose to recognize 
tliem as lawful belligerents, and give them shelter from our pursuit and 
punishment, the laws of nations afford an adequate and proper remedy. 

Happily, however, her Britannic Majesty's government can avoid all these 
difficulties. It invited us in 1856 to accede to the declaration of the con- 
gress of Paris, of which body Great Britain was herself a member, abolish- 
ing privateering everj'where in all cases and forever. You already have 
our authority to propose to her our accession to that declaration. If she 
refuse it, it can only be because she is willing to become the patron of pri- 
vateering when aimed at our devastation. 



90 AlfNUAL MESSAGE OF THE PEESIDENT. 

These positions are not elaborately'' defended now, because to vindicate 
them would imply a possibility of our waiving them. 

We are not insensible of the grave importance of this occasion. We see 
how, upon the result of the debate in which we are engaged, a 'war may 
ensue between the United States and one, two, or even more European 
nations. War in any case is as exceptional from the habits as it is re- 
volting from the sentiments of the American people. But if it come it will 
be fully seen that it results from the action of Great Britain, not our own; 
that Great Britain will have decided to fraternize with our domestic enemy 
either without waiting to hear from you our remonstrances and our warnings, 
or after having heard them. War in defence of national life is not immoral, 
and war in defence of independence is an inevitable part of the discipline of 
nations. 

The dispute will be between the European and the American branches of 
the British race. All who belong to that race will especially deprecate it, 
as they ought. It may well be believed that men of every race and kindred, 
will deplore it. A war not unlike it between the same parties occurred at 
the close of the last century. Europe atoned by forty years of suffering for 
the error that Great Britain committed in provoking that contest. If that 
nation shall now repeat the same great error, the social convulsions which 
will follow may not be so long, but they will be more general. When they 
shall have ceased, it will, wo think, be seen, whatever may have been the 
fortunes of other nations, that it is not the United States that will have 
come out of them with its precious Constitution altered, or its honestly 
obtained dominions in any degree abridged. Great Britain has but to wait 
a few months,, and all her present inconveniences will cease with all our 
own troubles. If she take a different course she will calculate for herself 
the ultimate, as well as the immediate consequences, and will consider what 
position she will hold when she shall have forever lost the sympathies and 
affections of the only nation on whose sympathies and affections she has a 
natural claim. In making that calculation she will do well to remember 
that in the controversy she proposes to open we shall be actuated by neither 
pride, nor passion, nor cupidity, nor ambition; but we shall stand simply on 
the principle of self-preservation, and that our cause will involve the inde- 
pendence of nations and the rights of human nature. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Fraxcis Adams, Esq., &c., &c., &c. 



Mr. Adams to Mr. Seward. 
[Extracts.] 



No. 2.] Legation of the United States, 

London, May 21, 1861. 
Sir: At the close of my last despa'tch I stated my purpose to ask an early 
interview with Lord John Russell. A note to that etfect was immediately 
sent to the foreign office. An answer was received on Saturday morning, 
saying that his lordship 'would be happy to see me, if I would take the 
trouble to go out to Pembroke Lodge, at Richaiond, where he is retired for 
the present, on Monday at twelve or one o'clock, or, if I preferred ir, he 
would see me at one o'clock on that same day, (May 18.) Although it was 
approaching eleven o'clock when I got the answer, and the distance exceeds 



AiraUAL MESSAGE OF THE PRESIDENT. 91 

nine miles from the city, I replied by accepting the earlier appointment, and 
was probably myself at the Lodge before he received my note. 

Be this as it may, I found his lordship ready to receive me, so that I pro- 
ceeded at once to business. After expressing' the general feeling which I 
believed prevailing in the United States of good will towards Great Britain, 
and the confident expectations I had entertained, down to the period of my 
arrival, that these sentiments were fully reciprocated to my government on 
tlie part of the government here, I signified my sense of disappointment in 
not finding this quite so unequivocally^ manifested as I had hoped. There 
were now fewer topics of direct difference between the two countries than 
had probably existed at any preceding time, and even these had been with- 
drawn from discussion at tliis place to be treated on the other side of the 
water. I therefore came out here with little to do beyond the duty of pre- 
serving the relations actually existing from the risk of being unfavorably 
affected by the unfortunate domestic disturbances prevailing in my own 
country. It was not without pain that I was compelled to admit that from 
the day of my arrival I had felt in the proceedings of both houses of Par- 
liament, in the language of her Majesty's ministers, and in the tone of opinion 
prevailing in private circles, more of uncertainty about this than I had before 
thought possible. This sentiment alone would have impelled me to solicit 
an early interview; but I was now come under a much stronger motive, I 
had just received a despatch from my government, based upon a letter from 
Mr. Dallas, of much earlier date than any of the matters to which I had 
alluded. In that letter he had reported a conversation with his lordship, the 
close of which had been deemed so unsatisfactory that I had been directed 
at once to seek for a further elucidation of his meaning. It was the desire 
of my government to learn whether it was the intention of her Majesty's 
ministers to adopt a policy which would have the effect to widen, if not to 
make irreparable, a breach which we believed yet to be entirely manageable 
by ourselves. 

At this point his lordship replied by saying that there was no such inten- 
tion. The clearest evidence of that was to be found in the assurance given 
by him to Mr. Dallas in the earlier part of the conversation referred to. With 
regard to the other portion, against which I understood him to intimate he 
had already heard from Lord Lyons that the President had taken exception, 
he could only say that he hardly saw his way to bind the government to any 
specific course, when circumstances beyond their agency rendered it difficult 
to tell what might happen. Should the insurgent States ultimately succeed 
in establishing themselves in an independent position, of the probability of 
which he desired to express no opinion, he presumed, from the general course 
of the United States heretofore, that they did not mean to require of other 
countries to pledge themselves to go further than they had been in the habit 
of going themselves. He therefore, by what he had said to M^r. Dallas, simply 
meant to say that they were not disposed in any way to interfere. 

To this I replied by begging leave to remark that, so far as my govern- 
ment was concerned, any desire to interfere had never been imputed to Great 
Britain; but in her peculiar position it was deserving of grave consideration 
whether great caution was not to be used in adopting any course that might, 
even in the most indirect way, have an effect to encourage the hopes of the 
disaffected in America. It had now come to this, that without support from 
here, the people of the United States considered the termination of this 
difiiculty as almost entirely a question of time. Any course adopted here 
that would materially change that calculation would inevitably raise the 
most unpleasant feelings among them. For independently of the absolute 
influence of Great Britain, admitted to be great, the effect of any supposed 



92 ANNUAL MESSAGE OF THE PEESIDENT. 

inclination on her part could not fail to. be extensive among the other nations 
of Europe. It was my belief that the insurgent States could scarcely hope 
for sympathy on this side of the Atlantic, if deprived of any prospect of it 
here. Hence anything that looked like a manifestation of it would be re- 
garded among us as inevitably tending to develope an ultimate separation 
in America; and, whether intended or not, the impression made would scarcely 
be effaced by time. It was in this view that I must be permitted to express 
the great regret I had felt on learning the decision to issue the Queen's 
proclamation, which at once i-aised the insurgents to the level of a belliger- 
ent State, and still more the language used in regard to it by her Majesty's 
ministers in both houses of Parliament before and since. Whatever might 
be the design, there could be no shadow of doubt that the effect of these 
events had been to encourage the friends of the disaffected here. The tone 
of the press and of private opinion indicated it strongly. I then alluded 
more especially to the brief report of the lord chancellor's speech on Thurs- 
day last, in which he had characterized tlie rebellious portion of my country 
as a belligerent State, and the war that was going on asjustuiji hellinn. 

To this his lordship replied that he thouglit more stress was laid upon 
these events than they deserved. The fact was that a necessity seemed to 
exist to define the course of the government in regard to the participation 
of the subjects of Great Britain in the impending conflict. To that end the 
legal questions involved had been referred to those officers most conversant 
with them, and their advice had been taken in shaping the result, Tiieir 
conclusion had been that, as a question merely oi fact, a war existed. A 
considerable number of the States, at least seven, occupying a wide extent 
of country, were in open resistance, whilst one or more of the others were 
associating themselves in the same struggle, and as yet there were no indi- 
cations of any other result than a contest of arms more or less severe. In 
many preceding cases, much less formidable demonstrations had been recog- 
nized. Under such circumstances it seemed scarcely possible to avoid speak- 
ing of this in the technical eense dsjustum helium, that is, a war of two sides, 
without in any way implying an opinion of its justice, as well as to witli- 
hold an endeavor, so far as possible, to bring the management of it Avithin 
the rules of modern civilized warfare. This was all that was contemplated 
by the Queen's proclamation. It was designed to show the purport of ex- 
isting laws, and to explain to British subjects their liabilities in case they 
should engage in the war. And however strongly the people of the United 
States might feel against their enemies, it was hardly to be supposed that 
in practice they would now vary from their uniformly humane policy hereto- 
fore in endeavoring to assuage and mitigate the horrors of war. 

To all which I answered that under other circumstances I should be very 
ready to give my cheerful assent to this view of his lordship's. But I must 
be permitted frankly to remark that the action taken seemed, at least to my 
mind, a little more rapid than was absolutely called for by the occasion. It 
might be recollected that the new administration had scarcely had sixty days 
to develop its policy ; that the extent to which all departments of the gov- 
ernment had been demoralized in the preceding administration was surely 
understood here, at least in part; that the very organization upon which any 
future action was to be predicated was to be renovated and purified before 
a hope could be entertained of energetic and effective labor. The conse- 
quence had been that it was but just emerging from its difficulties, and be- 
ginning to develop the power of the country to cope with this rebellion, 
when the British government took the initiative, and decided practically 
that it is a struggle of two sides. And furthermore, it pronounced the in- 
surgents to be a belligerent State before they had ever shown their capacity 



ANNUAL MESSAGE OF THE PEESIDENT. 93 

to maintain any kind of warfare whatever, except within one of their own 
harbors, and under every possible advantag'e. It considered them a marine 
power before they had ever exhibited a single privateer on the ocean. I 
said that I was not aware that a single armed vessel had yet been issued 
from any port under the control of these people. Surely this was not the 
case in the instance which had been relied upon in his speech by his lordship 
as authority for the present action. There the Greeks, however small as a 
people, had long been actively and effectually waging war, before the inter- 
position of Great Britain, and, to use the language of the government, as 
quoted by himself, had "covered the sea with cruisers." It did seem to me 
therefore as if a little more time might have been taken to form a more com- 
plete estimate of the relative force of the -contending parties, and of the 
probabilities of any long drawn issue. And I did not doubt that the view 
taken by me would be that substantially taken both by the government and 
the people of the United States. They would inevitably infer the existence 
of an intention more or less marked to extend the struggle. For this reason 
it was that I made my present application to know whether such a design 
was or was not entertained. For in the alternative of an affirmative answer 
it was as well for us to know it, as I was bound to acknowledge in all 
frankness that in that contingency I had nothing further left to do in Great 
Britain. I said this with regret, as my own feelings had been and were of 
the most friendly nature. 

His lordship replied by an assurance that he participated in those feelings; 
neither did he see the action that had been thus far taken at all in the light 
in which I saw it. He believed that the United States, in their own pre- 
vious liistory, had furnished examples of action taken quite as early as that 
now complained of. He instanced two cases. The first I do not now 
remember, for it seemed to me not important at the time; the other was the 
insurrection in Hungary under Kossuth, at which period, he believed, they 
had gone so far as actually to send an agent to that country with a view to 
recognition, and that to the great dissatisfaction and against the remon- 
strances of Austria. 

I replied only to the second case, by remarking that the incidents attend- 
ing that affair were not fresh in my mind, neither was I sure that I ever 
knew the whole action of the government; but it was my impression that 
the object of the mission was only confined to the acquisition of the facts 
necessary to form an opinion, and that, after they were obtained, no public 
step of any kind had been taken. Neither could I myself recollect an in- 
stance in which ample time had not been given by the United States for the 
development of events sufficiently decisive to justify any action that might 
have followed; for I begged it to be understood that the government did not 
mean at all to deny that there were cases in which recognition of a revolu- 
tionary government might be both expedient and proper. The rule Avas 
clear, that whenever it became apparent that any organized form of society 
had advanced so far as to prove its power to defend and protect itself against 
the assaults of enemies, and at the same time to manifest a capacity to 
maintain binding relations with foreign nations, then a measure of recogni- 
tion could not be justly objected to on any side. The case was very different 
when such an interference should take place, prior to the establishment of 
the proof required, as to bring about a result which would not probably 
have happened but for that external agency. 

And here I stop for a moment to make two remarks upon this part of the 
conversation. The first of these is, that I have an impression that the agent 
to go to Hungary, alluded to by his lordship, was Mr. Mann, the same gen- 
tleman who is now figuring in the commission of the confederates at this 



94 ANNUAL MESSAGE OF THE PEESIDENT. 

place. If in this I am rigbt, we can be at no loss for his lordship's sources 
of information. The other remark is, that the Hungarian precedent was 
unquestionably one in which a very strong sympathy with the insurgent 
party actually existed in the United States. Are we therefore to infer a 
similar impulse to actuate the precipitate measui'e now taken here ? 

I did not say this to his lordship, though I might liave done so; but I pro- 
ceeded to observe that I had come to England prepai'cd to present the views 
of my government on the general question, and that I should have done so 
in full but for the interposition of this more immediate despatch. At the 
present moment I should touch only upon one point in connexion with the 
acknowledgment of the insurgents even as a belligerent State. It seemed 
necessai-y to call the attention ^of his lordship to the fact which must be 
obvious to him, that as yet they had not laid any foundation for government 
solid enough to deserve a moment's confidence. They had undertaken to 
withdraw certain States from the government by an arbitrary act which 
they called secession, not known to the Constitution, the validity of which 
had at no time been acknowledged by the people of the United States, and 
which was now emphatically denied; but not content with this, the}' had 
gone on to substitute another system among themselves, avowedly based 
upon the recognition of this right of States to withdraw or secede at 
pleasure. With such a treaty, I would ask, where could be vested the obli- 
gation of treaties with foreign powers, of the payment of any debts con- 
tracted, or, indeed, of any act performed in good faith by the common 
authority for the time being established. For my own part, I fully believed 
that such a system could not deserve to be denominated, in any sense, a 
government; and therefore I could not but think any act performed here, 
having a tendency to invest it in the eye of the world with the notion of 
form and substance, could be attended only with the most complete disap- 
pointment to all the parties connected with it. 

His lordship here interposed by saying that there was not, in his opinion, 
any occasion at present for going into this class of arguments, as the gov- 
ernment did not contemplate taking any step that way. Should any such 
time arrive in the future, he should be very ready to listen to every argu- 
ment that might be presented against it on the part of the United States. 
At this moment he thought we had better confine ourselves to the matter 
immediately in hand. 

I then remarked that there was another subject upon which I had received 
a despatch, though I should not, after so long a conference, venture to do 
more than open the matter to-day. This was a proposal to negotiate in 
regard to the rights of neutrals in time of war. The necessary powers had 
been transmitted to me, together with a form of a convention, which I would 
do myself the honor to submit to his consideration if there was any dispo- 
sition to pursue the matter further. His lordship then briefly reviewed the 
past action of the two countries since the meeting of the congress at Paris, 
and expressed the willingness of Great Britain to negotiate; but he seemed 
to desire to leave the subject in the hands of Lord Lyons, to whom he inti- 
mated that he had already transmitted authority to assent to any modifica- 
tion of the onl}'^ point in issue which the government of the United States 
might prefer. On that matter he believed there would be no difficulty what- 
ever. Under these circumstances, I shall not press the subject further at 
this place until I receive new directions to that effect from the department. 

His lordship then observed that there were two points upon which he 
should be glad himself to be enlightened, although he did not know whether 
I was prepared to furnish the information. They both related to the Presi- 
dent's proclamation of a blockade. The first question was upon the nature 



ANNUAL MESSAGE OF THE PEESIDENT. 95 

of the blockade. The coast was very extensive, stretching along- the At- 
lantic and the Gulf of Mexico a great way. AVas it the design of the United 
States to institute an efiective blockade in its whole extent, or to make only 
a decftiration to that effect as to the whole, and to confine the actual blockade 
to particular points ? Considering the uniform doctrine of the government 
refusing to recognize the validity of mere paper blockades, he could hardly 
suppose they designed the latter. 

To this I replied that I knew nothing directly of the President's intentions 
on this subject; but that ijiasmuch as the government had always protested 
against mere paper blockades, I could not suppose that it was now disposed 
to change its doctrine. On the contrary, I had every reason for affirming 
that it was the intention to make an effective blockade; and this was more 
practicable than at first sight might appear from the fact that there were 
few harbors along the coast, however great its extent, and these were not 
very easy of access. I thought, therefore, that even though the blockade 
might not be perfect, it would be sufficiently so to come within the legiti- 
mate construction of the term. 

His lordship then alluded to the other point, which was, that the procla- 
mation assigned no precise date for the commencement of the blockade, 
which he believed was necessary; but he presumed that that defect might 
be remedied at any time. To which I added that I did not doubt any such 
omission of form would be supplied as soon as it was pointed out. 

His lordship then made some remarks upon the adoption of the tariff; to 
which I replied that, in my belief, that law was mainly passed as a revenue 
measure, with incidental protection; that it was not in any way aimed in a 
hostile spirit to foreign nations; and that the people of the United States 
would always buy from Great Britain as much as they could pay for,, and 
generally a good deal more. This last remark raised a smile; and thus 
ended his lordship's series of inquiries. 

Having thus disposed of these secondary questions, I returned once more 
to the charge, and asked him what answer I should return to the inquiry 
which 1 had been directed to make. In order to avoid any ambiguity, I 
took out of my pocket your despatch No. 4, and read to him the paragraph 
recapitulating the substance of Mr. Dallas's report of his interview, and the 
very last paragraph. I said that it was important to me that I should not 
make any mistake in reporting this part of the conversation; therefore I 
should beg him to furnish me with the precise language. He said that he 
did not himself know what he was to say. If it was expected of him to 
give any pledge of an absolute nature that his government would not at 
any future time, no matter what the circumstances might be, recognize an 
existing State in America, it was more than he could promise. If I wished 
an exact reply, my better way would be to address him the inquiry in 
writing. I said that I was well aware of that, but I had hoped that I might 
be saved the necessity of doing so. On reflection, he proposed to avoid 
that by offering to transmit to Lord Lyons directions to give such a reply to 
the President as, in his own opinion, might be satisfactory. To this arrange- 
ment I gave my assent, though not without some doubt whether I was doin^ 
right. In trutli, if I were persuaded that her Majesty's government were 
really animated by a desire to favor the rebellion, I should demand a cate- 
gorical answer; but thus far I see rather division of opinion, consequent 
upon the pressure of the commercial classes. Hence I preferred to give the 
short time demanded, as well as to place in the hands of the President him- 
self the power to decide upon the sufficiency of the reply. 

* * * ^ >(: * 



96 Aj!?nual message of the president. 

It may be as well to state that, both in matter and manner, the conference, 
which has been reported as fully and as accurately as my memory would 
permit, was conducted in the moSt friendly spirit. ^ 

I have the honor to be, sir, yoiir obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. G. 



Mr. Adams to Mr. Seward. 
[Extracts] 



No. 4.] Legation of the United States, 

London, May 31, 1861. 

Sm: 

I have likewise to acknowledge the reception of a printed circular ad- 
dressed to my predecessor, Mr. Dallas, and dated the 2'Ith of April, 1861, 
transmitting the proclamation of the President declaring the blockade of the 
ports of Virginia and North Carolina. In this connexion it may be as well 
to call your attention to the manner in which these measures are viewed 
here, so far as it maj' be gathered from what is casually dropped by mem- 
bers of Parliament as well as what is published in the newspapers. A lead- 
ing article in the Times newspaper of this morning is especially deserving 
of attention. It would seem from this that a scheme to overturn the old and 
recognized British law of blockade, through the means of a joint declaration 
of the European powers, somewhat after the fashion of the armed neutrality 
of the last century, is among the things now floating in the minds of people 
here. Great Britain, so long known and feared as the tyrant of the ocean, 
is now to transform herself into a champion of neutral rights and the freedom 
of navigation, even into the ports of all the world, with or without regard 
to the interests of the nations to whom they may belong. 

I beg to call your attention to the language used by Lord John Russell 
and by Mr. Gladstone in the debate in the House of Commons last evening, in 
relation to a passing remark of Sir John Ramsdcn upon American aftairs on 
the preceding Monday. They indicate what I believe to be true, that the 
feeling toward the United States is improving in the higher circles here. It 
was never otherwise than favorable among the people at large. I was my- 
self present and heard Sir John Ramsden on Monday night. His remark 
was partially cheered by the opposition, who were ready to receive anything 
favorably from a new convert ; but I have reason to believe that it met with 
decided condemnation from a large majority of the members. Tlie proof of 
this was established last night in the manner in which the castigation of 
Mr. Gladstone, which I also witnessed, was listened to and approved. Sir 
John seems to have gained no laurels in this conflict. The ministry sustained 
themselves in the division last night, which is, I presume, the decisive test 
for the year. I believe this may be regarded as a favorable result to the 



ANNUAL MESSAGE OF THE PEESIDENT. 97 

Uiiited States. I shall reserve some general observations on the subject for 
a separate despatch in the early part of next week. 

I have the honor to be, sir, your obedient servant. 

CHARLES FRANCIS ADAMS. 
Eon. AViLLiAM H. Seward, 

Secrelary of State. 



3Ir. Seward to 3Ir. Adams. 



No. 14.] Departmext of State, 

Washington, June 3, 1861. 

Sir : Your despatch of May It (No. 1) has been received. 

Your speech at Liverpool was equally prudent and happy. Your prompt- 
ness in passing through the town to the seat of government, although to be 
regretted in some respects, is, in view of the circumstances, approved. 

Every instruction you have received from this department is full of evi- 
dence of the fact that the principal danger in the present insurrection which 
the President has apprehended was that of foreign intervention, aid, or sym- 
pathy ; and especially of such intervention, aid, or sympathy on the part of 
the government of Gi'eat Britain. 

The justice of this apprehension has been vindicated by the following facts, 
namely : 

1. A guarded reserve on the part of the British secretary of state, when 
Mr. Dallas presented to him our protest against the recognition of the insur- 
gents, which seemed to imply that, in some conditions, not explained to us, 
such a recognition might be made. 

2. The contracting of an engagement by the government of Great Britain 
with that of France, without consulting us, to the effect that both governments 
should adopt one and the same course of procedure in regard to the insur- 
rection. 

3. Lord John Russell's announcement to Mr. Dallas that he was not 
unwilling to receive the so-called commissioners of the insurgents unofS- 
cially 

4. The issue of the Queen's proclamation, remarkable, first, for the circum- 
stances under which it was made, namely, on the very day of your arrival in 
London, which had been anticipated so far as to provide for your reception 
by the British secretary, but without affording you the interview promised 
before any decisive action should be adopted; secondly'-, the tenor of the 
proclamation itself, which seems to recognize, in a vague manner, indeed, 
but does seem to recognize, the insurgents as a belligerent national power. 

That proclamation, unmodified and unexplained, would leave us no alter- 
native but to regard the government of Great Britain as questioning our 
free exercise of all the rights of self-defence guaranteed to us by our Consti- 
tution and the laws of nature and of nations to suppress the insurrectio-n. 

I should have proceeded at once to direct you to communicate to the 
British government the definitive views of the President on the grave sub- 
ject, if there were not especial reasons for some little delay. 

These reasons are, first, Mr. Thouvenel has informed our representative at 
Paris that the two governments of Great Britain and France were preparing, 
and would, without delay, address communications to this government con- 
cerning the attitude to be assumed by them in regard to the insurrection. 
Their communications are hourly expected. 

Second. You have already asked, and, it is presumed, will have obtained, 
an interview with the British secretary, and will have been able to present 

Ex. Doc. 1 7 



98 ANNUAL MESSAGE OF THE PRESIDENT. 

the general views of this government, and to learn definitely the purposes of 
Great Britain in the matter, after it shall have learned how unsatisfactory 
the action of the British government hitherto has been to the government of 
the United States. 

The President is solicitous to show his high appreciation of every demon- 
stration of consideration for the United States wliich the British government 
feels itself at liberty to make. He instructs me, therefore, to say that the 
prompt and cordial manner in which you were received, under peculiar cir- 
cumstances arising out of domestic afflictions which had befallen her 
Majesty and the secretary of state for foreign affairs, is very gratifying to 
this government. 

A year ago the differences which had partially estranged the British and 
the American people from each other seemed to have been removed forever. 
It is painful to reflect that that ancient alienation has risen up again under 
circumstances which portend great social evils, if not disaster, to both 
countries. 

Referring you to previous instructions, and reserving further directions 
until we shall have your own report of the attitude of the British govern- 
ment as defined by itself for our consideration, 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., d:c., &c., &c. 



Mr. Adams to Mr. Seward. 
[Extract.] 

No. 5.] Legation of the United States, 

London, June 7, 1861. 

Sir : I have the honor to acknowledge the receipt of your several de- 
spatches. No. 1, of the 11th of May, with copies of the correspondence 
relating to the slave trade and to San Domingo ; No. 8, of the 20th, en- 
closing the commission of Neil McLachlan, esq., as consul at Leith ; 
and No. 9, of the 21st, enclosing the commission of Edward Leavenworth, 
esq., as consul at Sydney, New South Wales. These commissions have 
been duly transmitted to her Majesty's secretary for foreign affairs, with 
the customary request for recognition. The earlier papers have been care- 
fully read, and will be made the subject of consideration at the next con- 
ference, which I purpose to ask of his lordship at an early day. 

I think I can report with confidence a considerable amelioration of senti- 
ment here towards the government of the United States. This may be 
partly ascribed to the impression made hy the news received of vigorous 
and effective measures in America, and partly to a sense that the preceding 
action of her Majesty's ministers has been construed to mean more than 
they intended by it. It cannot be denied that it had opened a most grave 
question touching the use that might be made of all the ports of Great 
Britain as a shelter for captures by privateers purporting to be authorized 
by the rebellious States. After a careful examination of the subject, I had 
come to the conclusion that, without some further positive action, the pre- 
ceding practice in this country would authorize the retention of such cap- 
tures until condemned as prizes in some admiralty court set up by the 
insurgents at home and the sale of them afterwards. The effect of this, in 
giving them encouragement, can scarcely be estimated. It would at once 
enlist in their behalf most of the daring and desperate adventurers of every 
nation, whose sole object is plunder, and would initiate a struggle between 



ANNUAL MESSAGE OF THE PRESIDENT. 99 

a community of planters, who have nothing to lose on the ocean, and a 
commercial nation which whitens every sea with the sails of a peaceful 
navigation. That so serious a consequence as this was ever intended to 
flow from the precipitate act of the government here I did not believe. 
Hence it was with great satisfaction that I learned, on Monday, that the 
question would be proposed on that day by Mr. Forster in the House of 
Commons, which you will have seen before this in the record of the pro- 
ceedings of that body, and that it would be fully answered by Lord John 
Russell on behalf of her Majesty's ministers. This answer, as since made, 
may be regarded as satisfactory, so far as it closes the door to one bad 
effect of the proclamation ; but it does not remove the main difficulty of 
putting the legitimate and the spurious authority in the same category. 
Although in practice the operation is favorable to the former, in theory the 
admission of equality is equally vicious. The only consolation is to be 
found in the evident desire betrayed b}'- the government here to avoid in 
any way a collision with the United States or any direct encouragement of 
the insurgents. 

This is the day assigned for the consideration of the motion of Mr. 
Gregory, the member for Galway. I understand that he means to enter 
largely into the question of recognition of the confederates, and that he 
will probably be answered as fully. It is stated to me that the ministry are 
willing to have the discussion go on. For obvious reasons I do not think 
it advisable to attend the debate myself; but I shall take measures to 
obtain the best information of the actual state of feeling in the House from 
personal observation, and to transmit my own conclusions in the next de- 
spatch. Unfortunately it will be necessary to close the present one before 
evening, in order to be in time for the steamer. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of Stale, Washington, D. 0. 



Mr. Seward to 3Ir. Adams. 



No. 16.] Department of State, 

Washington, June 8, 1861. 

Sir: I enclose a copy of a note of this date addressed to Lord Lyons, 
which will dispel any uncertainty which the British government may enter- 
tain in regard to our recognition of a rule of international law which they 
may deem important. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., c&c., &c., &c. 



Mr. Seward to Lord Lyons. 



Department of State, 

Washington, June 8, 1861. 

My Lord: I have the honor to acknowledge the receipt of your note of the 
5th instant, with the accompanying papers, relative to a claim in the case 
of the cargo of the bark Winifred, a part of which is represented to belong 
to British subjects. 



100 . ANNUAL MESSAGE OF THE PRESIDENT. 

In reply, I regret that at this juncture I do not feel at liberty to interfere 
in the case, as it is understood that the usual proceedings in the prize court 
at New York have been set on foot against the vessel and her cargo. 

If, however, that court shall be satisfied of the ownership by British sub- 
jects of the part of the cargo claimed, it cannot be doubted tliat restitution 
will be decreed, as this government recognizes the right of the property of 
a friendly nation in the vessels of an insurgent to be exempted from con- 
demnation. 

The papers which accompanied your note are herewith returned. 

I have the honor to be, with the highest consideration, your lordship's 
most obedient servant, 

WILLIAM H. SEWARD. 

The Right Honorable Lord Lyons, (&c., &c., &c. 



3Ir. Seward to Mr. Adams. 



No. L5.] Department of State, 

Washington, June 8, 1861. 

Sir: T have the pleasure of acknowledging the receipt of your despatch 
of May 21, (No. 2,) which contains a report of the conversation which you 
Lad held with Lord John Russell on the 18th day of that month. 

This government insists, as all the world might have known that it must 
and would, under all circumstances, insist, on the integrity of the Union, as 
the chief element of national life. Since, after trials of every form of for- 
bearance and conciliation, it has been rendered certain and apparent that 
this paramount and vital object can be saved only by our acceptance of 
eivil war as an indispensable condition, that condition, with all its hazards 
and deplorable evils, has not been declined. The acceptance, however, is 
attended with a strong desire and fixed purpose that the war shall be as 
short and accompanied by as little sufi'ering as possible. Foreign interven- 
tion, aid, or sympathy in favor of the insurgents, especially on the part of 
Great Britain, manifestly could oidy protract and aggravate the war. Ac- 
cordingly, Mr. Dallas, under instructions from the President, in an interview 
conceded to him by the British secretary of state for foreign affairs, pre- 
sented our protest against any such intervention. 

Lord John Russell answered with earnestness that there was not in the 
British government the least desire to grasp at any advantages which might 
be su[tposed to arise from the unpleasant domestic differences in the United 
States, but, on the contrary, that they would be highly gratified if those 
differences were adjusted, and the Union restored to its former unbroken 
position. 

Mr. Dallas then, as he reported to us, endeavored to impress upon his 
lordship how important it must be that Great Britain and France should 
abstain, at least for a considerable time, from doing what, by encouraging 
groundless hopes, (of the insurgents,) would widen a breach stiil thought 
capable of being closed; but his lordship seemed to think that the matter 
was not ripe for decision, one way or another, and remarked that what he 
had already said was all that at present it was in his power to say. 

Upon this report you were instructed to inform her Britannic Majesty's 
government that the President regarded the reply made by his lordship to 
Mr. Dallas's suggestion as possibly indicating a policy which this government 
would be obliged to deem injurious to its rights, and derogating from its 



ANNUAL MESSAGE OF THE PEESIDENT. 101 

dignity. This government thought tlie reply of the secretary unjustifiably 
abrupt and reserved. That abruptness and reserve unexplained, left us 
tinder a seeming necessity of inferring that the British government might 
be contemplating a policy of encouragement to the insurgents which would 
widen the breach here which we believed it possible to heal if such encour- 
agement should not be extended, A vital interest obliged the United States 
to seek explanation, or to act on the inference it thus felt itself obliged to 
adopt. 

Your despatch of the 21st of May, (No. 2,) which has just been received, 
ehmvs how you have acquitted yourself of the duty imposed upon you. After 
stating our complaint to his lordship, you very properl}'^ asked an elucidation 
of his meaning in the reply to which exception had been taken by us, and 
very rightly, as we think, asked whether it was the intention of her Majesty's 
ministers to adopt a policy which would have the effect to widen, if not to 
make irreparable, a breach which we believe yet to be entirely manageable 
by ourselves. His lordship disclaimed any such intention. A friendly argu- 
ment, however, then arose between the secretary and yourself concerning 
what should be the form of the answer to us which his lordship could prop- 
erl}' give, and which would, at the same time, be satisfactory to this gov- 
ernment. The question was finally solved in the most generous manner by 
the proposition of his lordship that he would instruct Lord Lyons to give 
such a reply to the President as might, in his own opinion, be satisfactory, 
which proposition you accepted. 

I hasten to say, by direction of the President, that your course in this 
proceeding is fully approved. This government has no disposition to lift 
questions of even national pride or sensibility up to the level of diplomatic 
controversy, because it earnestly and ardently desires to maintain peace, 
harmony, and cordial friendship with Great Britain. Lord John Russell's 
proposition, by authorizing the President to put the most favorable con- 
struction possible upon the response which was deemed exceptionable, 
removes the whole difficulty without waiting for the intervention of Lord 
Lj'ons. You will announce this conclusion to Lord John Russell, and inform 
him that the settlement of the affair in so friendly a spirit affords this gov- 
ernment sincere satisfaction. 

Your conversation with the British secretary incidentally brought into 
debate the Queen's late proclamation, (which seems to us designed to raise 
the insurgents to the level of a belligerent state;) the language employed 
by her Majesty's ministers in both houses of Parliament, the tone of the 
public press, and of private opinion, and especially a speech of the lord 
chancellor, in which he had characterized the insurgents as a belligerent 
State, and the civil war which they are waging against the United States 
as j II slum helium. 

the opinions which you expressed on these matters, and their obvious 
tendency to encourage the insurrection and to protract and aggravate the 
civil war, are just, and meet our approbation. At the same time, it is the 
purpose of this government, if possible, consistently with the national wel- 
fare and honor, to have no serious controversy with Great Britain at all ; 
and if this shall ultimately prove impossible, then to have both the defen- 
sive position and the clear right on our side. With this view, this govern- 
ment, as you were made aware by my despatch No. 10, has determined to 
pass over without official complaint the publications of the British press, 
manifestations of adverse individual opinion in social life, and the speechea 
of British statesmen, and even those of her Majesty's ministers in Parlia- 
ment, so long as they are not authoritatively adopted by her Majesty's gov- 
ernment. We honor and respect the freedom of debate, and the freedom of 



102 ANNUAL MESSAGE OF THE PRESIDENT. 

the press. We indulge no apprehensions of clanger to our rights and inter- 
ests from any discussion to which they may be subjected, in either form, in 
any place. Sure as we are that the transaction now going on in our country 
involves the progress of civilization and humanity, and equally sure that 
our attitude in it is right, and no less sure that our press and our statesmen 
are equal in ability and influence to any in Europe, we shall have no cause to 
grieve if Great Britain shall leave to us the defence of the independence of 
nations and the rights of human nature. 

My despatch No. 14 presented four distinct grounds on which this gov- 
ernment apprehended a policy on the part of her Majesty's government to 
intervene in favor of the insurgents, or to lend them aid and sympathy. The 
first ground was the reserve practiced by the British secretary for foreign 
affairs in his conversation with Mr. Dallas, referred to in the earlier part of 
this despatch. I have already stated that the explanations made and offered 
by Lord John Russell have altogether removed this ground from debate. 

The second was the contracting of an engagement by the government of 
Great Britain with that of France, without consulting us, to the effect that 
both governments would adopt one and the same course of proceeding in 
regard to the subject of intervention in our domestic affairs. You were in- 
formed in my despatch No. 10 that, as this proceeding did not necessarily 
imply hostile feelings towards the United States, we should not formally 
complain of it, but shoiild rest content with a resolution to hold intercourse 
only with each of those States severally, giving due notice to both that the 
circumstance that a concert between the two powers in any proposition each 
might offer to us would not modify in the least degree the action of the 
United States upon it. 

The third ground was Lord John Russell's announcement to Mr. Dallas 
that he was not unwilling to receive the so-called commissioners of tlie insur- 
gents unofficially. On this point you already have instructions, to which 
nothing need now be added. 

The fourth ground is the Queen's proclamation, exceptionable first for the 
circumstances under which it was issued, and secondly, for the matter of that 
important state paper. 

My despatch No. 14 apprised you of our reason for expecting a direct 
communication on this subject from her Majesty's government. I reserve 
instructions on this fourth ground, as I did in that despatch, expecting to 
discuss it fully when the promised direct communication shall bring it au- 
thoritatively before this government in the form chosen by the British gov- 
ernment itself 

My silence on the subject of the defence of that proclamation made by 
Lord John Russell in his conversation with you being grounded on that 
motive for delay, it is hardly necessary to saj that we are not to be regarded 
as conceding any positions which his lordship assumed, and which you so 
ably contested on the occasion referred to in your despatch. Your argument 
on that point is approved by the President. 

The British government having committed the subject of the proposed 
modifications of international law on the subject of the right of neutrals in 
maritime war to Lord Lyons before you were prepared by our instructions 
to present the subject to that government, no objection is now seen to the 
discussion of that matter here. No communication on an}'^ subject herein 
discussed has yet been received from Lord Lyons. Despatches which you 
must have received before this time will have enabled you to give entire 
satisfaction to his lordship concerning the blockade. We claim to have a 
right to close the ports which have been seized by insurrectionists, for the 
purpose of suppressing the attempted revolution, and no one could justly 



ANNUAL MESSAGE OF THE PEESIDENT. 103 

complain if we had done so decisively and peremptorily. In resorting to the 
milder and very lenient form of the blockade, we have been governed by a 
desire to avoid imposing hardships unnecessarily onerous upon foreign as 
well as domestic commerce. The President's proclamation was a notice of 
the intention to blockade, and it was provided that ample warning should 
be given to vessels approaching and vessels seeking to leave the blockaded 
ports before capture should be allowed. The blockade from the time it takes 
effect is everywhere rendered actual and effective. 

Your remarks on the subject of the late tariff law were judicious. The 
subject of revenue policy in the altered condition of affairs is not unlikely 
to receive the attention of Congress. 

We are gratified by the information you have given us of the friendly 
spirit which has thus far marked the deportment and conversation of the 
British government in your official intercourse with it. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., (&c., &c., &c. 



2Ir. Adams to Mr. Seward. 



London, Juyie 8, 1861. 

Dear Sir : I send herewith a copy of the London Times of this morning, 
containing an account of the termination of Mr. Gregory's movement. 

Subsequent events only can now do anything to improve the prospect of 
the confederates at this court. Yours, &c., 

C. F. ADAMS. 

Hon. W. H. Seward, Washington, D. C. 



Mr. Adams to Mr. Seward. 
[Extracts.] 



No. 8.] Legation of the United States, 

London, June 14, 1861. 

Sir : I have to acknowledge the reception of your despatches No. 10, 
dated the 21st of May, and No. 11. dated on the 24th, with a copy of a 
letter from Mr. 0. Vanden burgh, and also a printed circular from the de- 
partment of the 20th of May, relating to purchases made here of articles 
contraband of war. 

The intelligence of the feeling expressed in America upon the reception 
of the Queen's proclamation was fully expected by me, so that it excited no 
surprise, and much of the course of your argument in your despatch will 
be found to have been already adopted in my conference with Lord John 
Russell, an account of which is before this time in your hands. 

********* 

However this may be, my duty was plain. I applied for an interview 
with Lord John Russell, and he appointed one for ten o'clock on Wednesday, 
the 12th, at his own house. After some slight preliminary talk, I observed 
to him that I had been instructed to press upon her Majesty's government 
the expediency of early action on the subject of privateering; that in the 



104 ANNUAL MESSAGE OF THE PRESIDENT. 

present state of excitement in the United States consequent upon the 
measures which it had felt it necessary to adopt, I did not know of any- 
thing- which would be so likely to allay it as an agreement on this point. 
His lordship then said that he did not know whether I knew it, but the fact 
was that Mr. Dayton had made a proposition to France for negotiation on 
the basis of the articles as agreed upon in Paris. France had communicated 
the fact through her minister, the Oompte de Flahault; and he intimated' 
that there had been a cabinet conversation on the subject, without arriving 
at a decision. I then referred to what had passed at our former interview. I 
mentioned mj^ proposal to negotiate, and the inclination shown by his lord- 
ship to leave the subject with Lord Lyons, with authority to arrange the 
only point in dispute as the governoient at Washington might desire. There 
I had left the matter. His lordship replied that he did not mean to be quite 
so understood. His intention was to say, that having agreed upon the three 
articles, he should be read}' to consent to the total omission of the fourth 
article, if that would be agreeable at Washington. I said that I had not so 
understood him, and from my present recollection, I am confident that my 
report of his language was not incorrect. 

I next approached the most delicate portion of my task. I descanted 
upon the irritation produced in America by the Queen's proclamation, upon 
the construction almost universally given to it, as designed to aid the in- 
surgents by raising them to the rank of a belligerent State, and upon the 
very decided tone takenby the President in my despatches in case any such 
design was really entertained. I added that from my own observation of 
what had since occurred here, I had not been able to convince myself of the 
existence of such a design. But it was not to be disguised that the fact of 
the continued stay of the pseudo commissioners in this city, and still more 
the knowledge that they had been admitted to more or less interviews with 
his lordship, was calculated to excite uneasiness. Indeed, it had already 
given great dissatisfaction to my government. I added, as moderately as I 
could, that in all frankness any further protraction of this relation could 
scarcely fail to be viewed by us as hostile in spirit, and to require some 
corresponding action accordingl3^ 

His lordship then reviewed the course of Great Britain. He explained 
the mode in which they had consulted with France, prior to any action at 
all, as to the reception of the deputation from the so-called Confederate 
States. It had been the custom both in France and here to receive such 
persons unofficially for a long time back. Poles, Hungarians, Italians, &c., 
&c., had been allowed interviews, to hear what they had to snj. But this 
did not imply recognition in their case any more than in ours. He added 
that he had seen the gentlemen once some time ago, and once more some 
time since; he had no expectation of seeing them any more. 

I shall continue my relations here until I discover some action apparently 
in conflict with it, or receive specific orders from the department dictating- 
an opposite course. 

I ventured to repeat my regret that the proclamation had been so hastily 
issued, and adverted to the fact that it seemed contrary to the agreement 
said to have been proposed by Mr. Dallas and concurred in by his lordship, 
to postpone all action until I should arrive, possessed with all the views of 
the new administration. But still, though I felt that much mischief had 
ensued in the creation of prejudices in the United States, not now easy to 
be eradicated, I was not myself disposed in any part of my conduct to 
aggravate the evil. My views had been much modified hj opportunities of 



ANmiAL MESSAGE OF THE PRESIDENT. 105 

more extended conversation with persons of weight in Great Britain, hy the 
improved tone of the press, by subsequent explanations in Parliament, by the 
prohibition of all attempts to introduce prizes into British ports, and, lastly, 
by the unequivocal expression of sentiment in the case of Mr. Gregory when 
the time came for him to press his motion of recognition. I trusted that 
nothing new might occur to change the current again, for nothing was so 
unfortunate as the effect of a recurrence of reciprocal irritations, however 
trifling, between countries, in breaking up the good understanding which it 
was always desirable to preserve. 

His lordship agreed to this, but remarked that he could not but think the 
complaint of the proclamation, though natural enough perhaps at this 
moment, was really ill founded. He went over the ground once more which 
he occupied in the former interview — the necessity of doing something to 
relieve the officers of their ships from the responsibility of treating these 
persons as pirates if they met tliem on the seas. For his part, he could not 
believe the United States would persevere in the idea of hanging them, for 
it was not in consonance with their well-known character. But what would 
be their own situation if they should be found practicing upon a harsher 
system than the Americans themselves. 

Here was a very large territory — a number of States — and people counted 
by millions, who were in a state of actual war. The fact was undeniable 
and the embarrassment unavoidable. Under such circumstances the law 
officers of the crown advised the policy which had been adopted. It was 
designed only as a preventive to immediate evils. The United States should 
not have thought hard of it. They meant to be entirely neutral. 

I replied that we asked no nK.re than that. We desired no assistance. 
Our objection to this act was that it was practically not an act of neutrality. 
It had depressed the spirits of the friends of the government. It had raised 
the courage of the insurgents. We construed it as adverse, because we 
could not see the necessity of such immediate haste. These people were not 
a navigating people. They had not a ship on the ocean. They had made 
no prizes, so far as I knew, excepting such as they had caught by surprises. 
Even now, I cuuld not learn that they had fitted out anything more than a 
few old steamboats, utterly unable to make any cruise on the ocean, and 
scarcely strong enough to bear a cannon of any calibre. But it was useless 
to go over this any more. The thing was now done. All that we could 
hope was that the later explanations would counteract the worst eflects that 
we had reason to apprehend from it ; and, at any rate, there was one com- 
pensation, the act had released the government of the United States from 
responsibility for any misdeeds of the rebels towards Great Britain. If any 
of their people should capture or maltreat a British vessel on the ocean, the 
reclamation must be made only upon those who had authorized the wrong. 
The United States would not be liable. 

I added that I could not close the interview without one word upon a 
subject on which I had no instructions. I saw by the newspapers an account 
of a considerable movement of troops to Canada. In our situation this would 
naturally excite attention at home, and I was therefore desirous to learn 
whether they were ordered with any reference to possible difficulties with 
us. His lordship said that the country had been denuded of troops for some 
time back, and it was regarded only as a proper measure of precaution, in 
the present disordered condition of things in the United States, to restore a 
part of them. He said he did not know but what we might do something. 
He intimated a little feeling of uneasiness at the mission of Mr. Ashmun, 
without any notice given to them of his purposes ; and he likewise said 
something about a threat uttered by yourself to Lord Lyons to seize a British 



106 ANNUAL MESSAGE OF THE PRESIDENT. 

vessel on Lake Ontario without ceremony. To this I replied, that inasmuch 
as I had understood Mr. Ashmun's mission had been made known to the 
governor of Canada, it did not seem to me that it could be of much concealed 
significance ; and that as to the other matter, if there was any reality in the 
threat, it surely was an odd way of proceeding to furnish at once the warning 
in time to provide against its execution. 

********* 

I did not touch at all on the subject of the blockade, as referred to in your 
despatch No. 10, for the reason that I do not now Understand the government 
as disposed in any way to question its validity or to obstruct it. On the 
contrary, his lordship, incidentally referring to it in this interview, said that 
instructions had been sent out to the naval officers in command to respect 
it, and never themselves to seek to enter any of the ports blockaded, unless 
from some urgent necessity to protect British persons or property. 
I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 



Mr. Seward to Mr. Adams. 



No. 21.] Department of State, 

Washington, June 19, 1861. 

Sir: On the 15th day of June instant. Lord Lyons, the British minister, 
and Mr. Mercier, the French minister, residing here, had an appointed inter- 
view with me. Each of those representatives proposed to read to me an 
instruction which he had received from his government, and to deliver me a 
copy if I should desire it. I answered, that in the present state of the cor- 
respondence between their respective governments and that of the United 
States, I deemed it my duty to know the characters and effects of the in- 
structions, respectively, before I could consent that they should be officially 
communicated to this department. The ministers therefore, confidentially, 
and very frankly, submitted the papers to me for preliminary inspection. 
After having examined them so far as to understand their purport, I declined 
to hear them read, or to receive official notice of them. 

I proceed now to give you our reasons for this course, that you may, if 
you find it necessary or expedient, communicate them to the government of 
Great Britain. 

When we received official information that an understanding was existing 
between the British and French governments that they would take one and 
the same course concerning the insurrection which has occurred in this 
country, involving the question of recognizing the independence of a revo- 
lutionary organization, we instructed you to inform the British government 
that we had expected from both of those powers a different course of pro- 
ceeding. We added, however, that insomuch as the proposed concert of 
action between them did not necessarily imply any unfriendliness of pur- 
pose or of disposition, we should not complain of it, but that we should 
insist in this case, as in all others, on dealing with each of those powers 
alone, and that their agreement to act together would not at all aflPect the 
course which we should pursue. Adhering to this decision, we have not 
made the concert of the two powers a ground of objection to the reading of 
the instruction with which Lord Lyons was charged. 

That paper purports to contain a decision at which the British government 
has arrived, to the effect that this country is divided into two belligerent 



ANNUAL MESSAGE OF THE PRESIDENT. 107 

parties, of which this government represents one, and that Great Britain 
assumes the attitude of a neutral between them. 

This government could not, consistently with a just regard for the sover- 
eignty of the United States, permit itself to debate these novel and extraor- 
dinary positions with the government of her Britannic Majesty; much less 
can we consent that that government shall announce to us a decision de- 
rogating from that sovereignty, at which it has arrived without previously 
conferring with us upon tiie question. The United States are still solely 
and exclusively sovereign within the territories they have lawfully acquired 
and long possessed, as they have always been. They are at peace with all 
the world, as, with unimportant exceptions, they have always been. They 
are living under the obligations of the law of nations, and of treaties with 
Great Britain, just the same now as heretofore; they are, of course, the 
friend of Great Britain, and they insist that Great Britain shall remain their 
friend now just as she has hitherto been. Great Britain, by virtue of these 
relations, is a stranger to parties and sections in this country, whether they 
are loyal to the United States or not, and Great Britain can neither rightfully 
qualify the sovereignty of the United States, nor concede, nor recognize any 
rights, or interests, or power of any party, State, or section, in contravention 
to the unbroken sovereignty of the federal Union. What is now seen in 
this country is the occurrence, by no means peculiar, but frequent in all 
countries, more frequent even in Great Britain than here, of an armed insur- 
rection engaged in attempting to overthrow the regularly constituted and 
established government. There is, of course, the employment of force by 
the government to suppress the insurrection, as every other government 
necessarily employs force in such cases. But these incidents by no means 
constitute a state of war impairing tlie sovereignty of the government, 
creating belligerent sections, and entitling foreign States to intervene or to 
act as neutrals between them, or in any other way to cast off their lawful 
obligations to the nation thus for the moment disturbed. Any other prin- 
ciple than this would be to resolve government everywhere into a thing of 
accident and caprice, and ultimately all human society into a state of per- 
petual war. 

We do not go into any argument of fact or of law in support of the posi- 
tions we have thus assumed. They are simply the suggestions of the instinct 
of self-defence, the primary law of human action, not more the law of indi- 
vidual than of national life. 

This government is sensible of the importance of the step it takes in de- 
clining to receive the communication in question. It hopes and believes, 
however, that it need not disturb the good relations which have hitherto 
subsisted between the two countries which, more than any other nations, have 
need to live together in harmony and friendsliip. 

We believe that Great Britain has acted inadvertently, and under the 
influence of apprehensions of danger to her commerce, which either are exag- 
gerated or call for fidelity on her part to her habitual relations to the United 
States, instead of a hasty attempt to change those relations. 

Certainly this government has exerted itself to the utmost to prevent Great 
Britain from falling into the error of supposing that the United States could 
consent to any abatement of their sovereignty in the present emergency. It 
is, we take leave to tliink, the commoTi misfortune of the two countries that 
Great Britain was not content to wait before despatching the instruction in 
questfiin, until you had been received by her Majesty's government, and had 
submitted the entirely just, friendly, and liberal overtures with which you 
were charged. 

Although the paper implies, without affirming, that the insurgents of this 



108 ANNUAL MESSAGE OF THE PEESIDENT. 

couiitiy possess some belligerent rig'hts, it does not name, specif}'', or indi- 
cate one such right. It confines itself to stating what the British govern- 
ment require or expect the United States to do. Virtually, it asks us to 
concede to Great Britain the principles laid down in the declaration of the 
congress held at Paris in 1856. It asks indeed a little less, certainly nothing 
more or different from this; The British government ask this of us to-day, 
the 15th of June, in ignorance of the fact that we had, so early as the 25th 
of April, instructed you to tender, without reservation, to Great Britain our 
accession, pure and simple, to that declaration. We have all the while, since 
that instruction w^as sent forth, been ready, as we now are ready, to accede 
to the declaration, where and whenever Great Britain may be ready and 
willing to receive it. The argument contained in the instruction seems, 
therefore, to have been as unnecessary and irrelevant as it is unacceptable. 
Lord Lyons thinks that his instructions do not authorize him to enter into 
convention with us here. You will inform the government of Great Britain 
of the fact, and, if they prefer, you will enter into the convention at London. 

Of course it is understood that the concessions herein made do not afiect 
or impair the right of the United States to suppress the insurrection as well 
by maritime as by land operations, and for this purpose to exclude all com- 
merce from such of the ports as maj' have fallen into the hands of the insur- 
gents, either by closing the ports directl}'- or by the more lenient means of a 
blockade, which we have alreadj' adopted. 

It is thus seen that, in the present case, there is only an embarrassment 
resulting from the similar designs of the two governments to reach one com- 
mon object by different courses without knowledge of each others disposi- 
tions in that respect. There is nothing more. We propose, as a nation at 
peace, to give to Great Britain as a friend what she as a neutral demands of 
us, a nation at war. We rejoice that it happens so. We are anxious to 
avoid all causes of misunderstanding with Great Britain; to draw closer, in- 
stead of breaking, the existing bonds of amity and friendship. There is 
nothing good or great which both nations may not expect to attain or effect 
if they may remain friends. It would be a hazardous day for both the 
branches of the British race when they should determine to try how much 
harm each could do the other. 

We do not forget that, although thus happily avoiding misunderstanding 
on the present occasion, Great Britain may in some way hereafter do us 
wrong or injury by adhering to the speculative views of the rights and duties 
of the two governments which she has proposed to express. But we believe 
her to be sincere in the good wishes for our welfare, which she has so con- 
stantl}' avowed, and we will not, therefore, suffer ourselves to anticipate oc- 
casions for difterence which, now that both nations fully understand each 
other, may be averted or avoided. 

One point remains. The British government while declining, out of re- 
gard to our natural sensibility, to propose mediation for the settlement of 
the difierences which now unhappily divide the American people, have never- 
theless expressed, in a vei'y proper manner, their willingness to undertake the 
kindly duty of mediation, if we should desire it. The President expects 3'ou 
to say on this point to the Pn-itish government, that we appreciate this gen- 
erous and friendly demonstration; but that we cannot solicit or accept media- 
tion from any, even the most friendly quarter. The conditions of society here, 
the character of our government, the exigencies of the country, forbid that 
any dispute arising among us should ever be referred to foreign arbitration. 
We are a republican and American people. The Constitution of our govern- 
ment furnishes all needful means for the correction or removal of any possi- 
ble political evil. Adhering strictly as we do to its directions, we shall 



I 



ANNUAL MESSAGE OF THE PEESIDENT. 109 

surmount all our present complications, and preserve the government com- 
plete, perfect, and sound, for the benefit of futiire generations. But the 
integrity of any nation is lost, and its fate becomes doubtful, whenever 
strange hands, and instruments unknown to the Constitution, are employed 
to perform the proper functions of the people, established by the organic laws 
of the State. 

Hoping to have no occasion hereafter to speak for the hearing of friendly 
nations upon the topics which I have now discussed, I add a single remark 
by way of satisfying the British government that it will do wisely by leaving 
us to manage and settle this domestic controversy in our own way. 

The fountains of discontent in any society are many, and some lie much 
deeper than others. Thus far this unhappy controversy has disturbed only 
those which are nearest the surface. There are others which lie still deeper 
that may yet remain, as we hope, long undisturbed. If they should be 
reached, no one can tell how or when they could be closed. It was foreign 
intervention that opened and that alone could open similar fountains in the 
memorable French revolution. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles F. Adams, <&c., &c., &c. 



Mr. Adams to Mr. Seward. 
[Extracts. ] 



No. 9.] Ijegatign of the United States, 

London, June 21, 186L 

I have not deemed it necessary to ask a special interview to communicate 
to Lord John Russell the sense entertained by the President of the manner 
of my reception here, as directed in yours of the 3d of June. Presuming it 
to be altogether likely that another despatch, prepared after the reception of 
my No. 2, is now near at hand, I have preferred to wait and see if that may 
not give me other matter to submit at the same time. 

The intelligence received from the United States of the eflFcct produced by 
the reception of the Queen's proclamation has not been without its influence 
tipon opinion here. Whilst people of all classes unite in declaring that such 
a measure was unavoidable, they are equally earnest in disavowing any 
inferences of want of good will which may have been drawn from it. They 
affect to consider our complaints as very unreasonable, and are profuse in 
their professions of sympathy with the government in its present struggle. 
This is, certainly, a very great change from the tone prevailing when I first 
arrived. It is partly to be ascribed to the accounts of the progress of the 
war, but still more to the publications in the London Times of the letters of 
its special correspondent. There is no longer any floating doubt of the 
capacity of the government to sustain itself, or any belief that the insur- 
gents will make their own terms of accommodation. The idea still remains 
quite general that there will never be any actual conflict, and it is connected 
in many cases with an apprehension that the reunion may be cemented upon 
the basis of hostile measures against Great Britain. Indeed, such has been 
the motive hinted at by more than one person of influence as guiding the 
policy of the President himself. Whenever such a suggestion has been 



110 ANNUAL MESSAGE OF THE PEESIDENT. 

made to me, I have been careful to discountenance it altogether, and to aflBrni 
that the struggle was carried on in good faith, and from motives not subject 
to be affected by mere considerations of policy, or by temporary emotions. 
More especially have I endeavored to disavow any " arriere pensee" which 
has the effect to confirm the suspicion of our sincerity, I regret to say, by 
far too much disseminated. ***** 

******** 

I am now earnestly assured on all sides that the sympathy with the gov- 
ernment of the United States is general; that the indignation felt in America 
is not founded in reason ; that the British desire only to be perfectly neutral, 
giving no aid nor comfort to the insurgents. I believe that this sentiment 
is now growing to be universal. It inspires her Majesty's ministers, and is 
not without its effect on the opposition. Neither party would be so bold as 
to declare its sympathy with a cause based upon the extension of slavery, 
for that would at once draw upon itself the indignation of the great body 
of the people. But the development of a positive spirit in the opposite 
direction will depend far more upon the degree in which the arm of the 
government enforces obedience -than upon any absolute affinity in senti- 
ments. Our brethren in this country, after all, are much disposed to fall in 
with the opinion of Voltaire, that "Dieu est toujours sur le cote des gros 
canons." General Scott and an effective blockading squardron will be 
the true agents to keep the peace .abroad, as well as to conquer one at 
home. In the meanwhile the self-styled commissioners of the insurgents 
have transferred their labors to Paris, where, I am told, they give out what 
they could not venture publicly to say here, that this government will recog- 
nize them as a State. The prediction may be verified, it is true; but it is not 
now likely to happen, under any other condition than the preceding assent of 
the United States. 

I have the honor to be your obedient servant, 

CHARLES FRANCIS ADAMS. 

Hon. William H. Seward, 

Secretary of Stale. 



Mr. Adams to Mr. Seward. 
[Extracts.] 



No. 10.] Legation of the United States, 

London, June 28, 186L 
Sir: ******** 

My interview with his lordship was intended only to express to him the 
views entertained by the President, as communicated to me in your despatches 
No. 14 and No. 15 of the reports made by me of our first conference. His 
lordship said that he had just received despatches as late as the 15th, com- 
municating the same information, and that Lord Lyons had learned, through 
another member of the diplomatic corps, that no further expression of opinion 
on the subject in question would be necessary. This led to the most frank 
and pleasant conversation which I have yet had with his lordship, in which 
we reviewed the various points of diificulty that had arisen in a manner too 
desultory to admit of reporting, excepting in the general result. * * 

************** 

I added that I believed the popular feeling in the United States would sub- 
side the moment that all the later action on this side was known. There 



ANNUAL MESSAGE OF THE PRESIDENT. Ill 

was but a single drawback remaining, which was what I could not but 

regard as the inopportune despatch of the Great Eastern with the troops for 

Canada. He said that this was a mere precaution against times of trouble. 
* * * * ** * * * 

His lordship then said something about difficulties in New Granada, and 
the intelligence that the insurgents had undertaken to close several of their 
ports. But the law officers here told him that this could not be done as 
against foreign nations, excepting by the regular form of blockade. He did 
not know what we thought about it, but he had observed that some such 
plan was said to be likely to be adopted, at the coming meeting of Congress, 
in regard to the ports of those whom we considered as insurgents. I replied 
that such was one of the several projects reported at the last session of 
Congress, to which I was a member, but I had heard some serious constitu- 
tional objections raised against it. My own opinion was that the blockade 
would be persevered in, which would obviate all difficulty. 

On the whole, I think I can say that the relations of the two countries are 
gradually returning to a more friendly condition. My own reception has 
been all that I could desire. I attach value to this, however, only as it 
indicates the establishment of a policy that will keep us at peace' during the 
continuance of the present convulsion. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS -.ADA MS, 

Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Seward to Mr. Adams. 



No. 32.] Department of State, 

Washington, July 1, 1861. 

Sir: Your despatch No. 8 (dated June 14) has been received. 

My despatch. No. 21, of 19th ultimo, has anticipated the matter you have 
discussed in the paper before me. It remains only to say that while we 
would prefer to add Mr. Marcy's amendment, exempting private property of 
non-belligerents from confiscation in maritime war, and desire you to stipu- 
late to that effect if you can, yet we are, nevertheless, ready and willing to 
accede to the declaration of the congress of Paris, if the amendment cannot 
be obtained. In other words, we stand on the instructions contained in my 
aforesaid despatch. 

We, as yon are well aware, have every desire for a good understanding 
with the British government. It causes us no concern that the govern- 
ment sends a naval force into the Gulf and a military force into Canada. 
We can have no designs hostile to Great Britain so long as she does not, 
officially or unofficially, recognize the insurgents or render them aid or 
sympathy. We regard the measures of precaution on her part, to which I 
have alluded, as consequences of the misunderstanding of our rights and 
her own real relation towards us that she seemed precipitately to adopt, 
before she heard the communication with which you were charged on our 
behalf. These consequences may be inconvenient to herself, but are not all 
occasion of irritation to the United States. Under present circumstances, 
the more effectually Great Britain guards her possessions and her commerce 
in this quarter the bettor we shall be satisfied. If she should change her 
course and do us any injury, which we have not the least idea now that she 



112 ANNUAL MESSAGE OF THE PEESIDENT. 

purposes to do, we should not be deterred from vindicating our rig'hts and 
our unbroken sovereignty against all the armies and navies that she could 
send here. 

Before the Queen's proclamation was issued, and at the moment when 
privateers were invited and a naval force announced as being organized by 
the insurrectionists, it was reported to this govei'nment that the iron steamer 
Peerless, lying at Toronto, had been sold to insurgents to be used as a priva- 
teer to prey upon our commerce, and that she was, nevertheless, to pass under 
British papers and the British flag down the St. Lawrence to be delivered over 
to a pirate commander in the open sea. It was said that the governor general 
declined to interfere. I asked Lord Lyons to request the governor general of 
Canada to look into the facts, and prevent the departure of the vessel if he 
should find the report to be true. Lord Lyons answered that he had no au- 
thority to do so. I then said that I should dii'ect our naval forces to seize 
and detain the vessel if they should have good reason to believe the facts 
reportect to be true, and to refer the parties interested to this government. 
I did this at once, and his lordship protested. Afterwards, as we under- 
stand, the governor general did interfere, and the Peerless was prevented 
from sailing until the danger of her being converted into a pirate was pre- 
vented. Here the matter ended. Certainly the British government could 
not expect us to permit the St. Lawrence to become a harbor for buccaneers. 
Had the vessel been seized or detained we should at once have avowed the 
act and tendered any satisfaction to the British government if it should 
appear that the character of the vessel had been misunderstood. 

Mr. Ashmun went to Canada to watch and prevent just such transactions 
as the sale or fitting out of the Peerless for a pirate would have been. It 
was not supposed that his visit there would be thought objectionable, or 
could give any uneasiness to the British government. Lord Lyons here 
viewed the subject in a different light and complained of it. I instantly 
recalled Mr. Ashmun. 

These are the two grievances presented to you by Lord John Russell. I 
trust that the British governmeut will be satisfied that in both cases we 
were only taking care that the peace of the two countries should not be 
disturbed through the unlawful action of covetous and ill-disposed persons 
on the border which separates them. 

I conclude with the remark that the British government can never expect 
to induce the United States to acquiesce in her assumed position of this 
goveruDient as divided in any degree into two powers for war more than 
for peace. At the same time, if her Majestj-'s government shall continue to 
practice absolute forbearance from any interference in our domestic affairs, 
we shall not be captious enough to inquire what name it gives to that for- 
bearance, or in what character it presents itself before the British nation in 
doing so. We hold ourselves entitled to regard the forbearance as an act 
of a friendly power, acting unconsciously of a domestic disturbance among 
ITS, of which friendly States can take no cognizance. On this point our 
views are not likely to undergo any change. In maintaining this position 
we are sure we do nothing derogating from the dignity of the British gov- 
ernment, while we inflexibly maintain and preserve the just rights and the 
honor of the United States. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Chakles Francis Adams, Esq., d;c., &c., &c. 



ANNUAL MESSAGE OF THE PRESIDENT. 113 

3Ir. Adams to Mr. Seward. 
[Extract.] 

No. 14.] Legation of the Uxited States, 

London, July 12, 1861. 

Sir: Your despatches, from No. 2 to No. 2.5, inclusive, were received at 
tliis office early in the present week. 

1 have read the first of these papers, containing- further instructions to 
me, and dated on the 21st of June, with close attention. My prevailing 
feeling- has been one of profound surprise at the course of this g-overnment 
tliroug^hout the present difficulty. First. It prepares, in the form of an in- 
struction to Lord Lyons, a paper to be presented to you, among other things 
" virtually asking you to concede the principles laid down in the declaration 
of the congress held in Paris in 1856." Secondly. When in obedience to my 
instructions I propose to offer a project to Lord John Russell, actually de- 
signed to do the very thing desired, I am told the directions have already 
been sent out to Lord Lyons to arrange the matter on the basis proposed by 
the American government of the three articles, omitting the fourth altogether. 
Thirdly. Lord Lyons expresses the opinion to you that his instructions do 
not authorize him to enter into a convention with you in the United States. 
Fourthly. When, concurrently with these events, Mr. Dayton proposes to 
negotiate on the same basis with France, I am informed that this proposal 
has been communicated to the ministry here, and that no definite conclusion 
had been arrived at. I must say that a more remarkable series of misun- 
derstandings has seldom come within my observation. 

I now propose to bring this matter to a distinct issue. To this end I have 
addressed a letter to Lord John Russell, to know whether, under the renewed 
instructions of the present despatch, he is disposed to open the negotiation 
here. The advantage of this will be that I shall get an answer in writing, 
which will admit of no misconception. A copy of that answer will be for- 
warded so soon as it is received. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, &c., &c., &c. 



Mr. Adams to Mr. Seward. 



No. It.] Legation of the United States, 

London, July 19, 1861. 

Sir : Your despatch, No. -32, dated the 1st of July, relating to the com- 
munications between the two governments respecting the declaration of the 
convention at Paris, in 1856, reached me soon after I had addressed a formal 
letter to Lord John Russell, designed to bring the matter to a definite point. 
In my No. 14, dated on the 12th, I stated the fact that I had sent such a 
letter, and I promised that I would forward his lordship's answer so soon as 
it should be received. I now transmit copies of my letter and of the answer. 

It is not a little singular that his lordship's memory of what passed at 
our first interview on this subject should differ so widely from mine. It 
would seem, by his account, that he had been the first to mention the instruc- 
tions to Lord Lyons to propose a negotiation on the subject of the declara- 
tion of Paris, and that 1 had thereupon expressed the opinion that it would 
be well to leave it in your hands, in which opinion he fully concurred. 

Ex. Doc. 1 8 



114 ANNUAL MESSAGE OF THE PEESIDENT. 

On my side, 1 am quite certain that the discussion which actually took 
place between us involved a wholly different class of topics of a very 
critical nature, and never touched upon the declaration of Paris, until it had 
exhausted itself on the others. It was by that time late, and I then opened 
the new subject by remarking that there would be no time to do more than 
to allude to it at this conference. I first mentioned the fact that 1 had 
instructions to propose a negotiation upon the disputed point of the Paris 
declarations, and the necessary powers to perfect an ag'reement, if her 
Majesty's government were disposed to enter into it. It was this proposal 
that elicited the explanations of his lordship as to what had been already 
done, and the expression of an opinion that the instructions sent to Lord 
Lyons were of such a kind as to make some agreement on your side so very 
likely as to render any treatment of the same matter here unadvisable; and 
it was then that I concurred in his opinion. 

As things now stand, perhaps this difference of recollection in the present 
instance may not be material. But there might be cases in which it would 
be of so much moment that I think hereafter I shall prefer, upon essential 
points, to conduct the affairs of this legation a little more in writing than 
I have heretofore thought necessary. 

At the hour appointed in his note, I waited upon his lordship for the first 
time, at his official residence in Downing street. After comparing our 
respective remembrance of the facts in dispute, I went on to repeat what I 
maintained I had at first proposed, to wit: that 1 was ready to negotiate if 
her Majesty's government were so disposed. To that end I had brought my 
powers, and also the project of a convention, copies of both of which papers 
I oflfered to leave with him. Ue remarked that at this stage it was not 
necessary to look at the powers. The other one he took and examined. 
The first remark which he made was that it was essentially the declaration 
of Paris. He had never known until now that the government of the United 
States were disp(jscd to accede to it. He was sure that I had never men- 
tioned it. To this 1 assented, but observed that the reason why I had not 
done so was that my government had directed me to make a preliminary 
inquiry, and that was to know whether her Majesty's ministers were dis- 
posed to enter into any negotiation at all. It was because of my under- 
standing his lordship to say that he preferred to leave the matter with Lord 
Lyons, that I had considered negotiation here to be declined. I had .also 
heard, through his lordship, of a proposition since made by Mr. Dayton on 
this subject to the French government, and which had been communicated 
to him, that led me to suppose the matter might be taking its shape at Paris. 
His lordship observed that Mr. Dayton's proposal was nothing more tiian a 
repetition of that made by Mr. Marcy, which they were not willing to accede 
to. I then said that Mr. Marcy's amendment was undoubtedly the first wish 
of my government. I also had instructions to press it, if there was th« 
smallest probability of success; but I understood that this matter had been 
definitively settled. His lordship signified his assent to this remark, and 
added that I might consider the proposition as inadmissible. He would 
therefore take the copy of the project of a convention which I had offered 
him, for the purpose of submitting it to the consideration of his colleagues 
in the cabinet, and let me know when he should be ready to meet again. 

In the course of conversation, I took the occasion to remark upon that 
passage of his lordship's note to me which related to the manner in which 
other states had signified their adherence to the declaration. I called his 
attention to the fact that, whatever might be the course elsewhere, the pe- 
culiar structure of our government required some distinct form of agree- 
ment or convention to be made with foreign States upon which the Senate 
could exercise their legitimate authority of confirmation or rejection. He 



ANNUAL MESSAGE OF THE PEESIDENT. 115 

seemed at once to understand the force of this observation, and to assent 
to the necessity. Yet I foresaw at the time the difficulty in which it would 
place the British !2;overnment in its relations with the other parties to the 
convention at Paris. The reply of his lordship, this moment come to hand, 
a copy of which is herewith submitted, explains it fully, and leaves the 
matter in the same state of suspense that it was in before. 

Under these circumstances, and presuming it to be the wish of the Presi- 
dent that no time be lost, I shall write to Mr. Dayton, at Paris, to know 
whether he considers himself authorized to proceed to conclude a similar 
arrang-ement with the French government; if so, I shall try to go on with 
out waiting for further instructions; if hot, I shall hold myself ready to act 
here so soon as this difficulty shall have been removed elsewhere. 

I have tlie honor to be, sir, your obedient servant, 

CHARLES FPvAXCIS ADAMS. 

Hon. Wm. H. Seward, 

Secretary of Slate, Washington, D. C. 



Mr. Adams to Lord John Russell. 

Legation of the United States, 

London, July 11, 1861. 

My Lord: From the tenor of the last despatches received from the De- 
partment of State at Washington, I am led to suppose that there has been 
some misunderstanding in regard to the intentions of her Majesty's govern- 
ment respecting a proposal to negotiate upon the basis of the declaration of 
the congress held at Paris in 1856. In the first conversation which I had 
the honor to hold with your lordship, so long ago as the I8th of May last, 
in answer to an offer then made by myself, under instructions from ni}- gov- 
ernment, I certainly understood your lordship to say that the subject had 
already been committed to the care of Lord L^'ons, at Washington, with au- 
thority to accept the proposition of the government of the United States, 
adopting three articles of the declaration at Paris, and to drop the fourth 
altogether. For this reason jj-ou preferred not to enter into the question on 
this side of the water. I am now informed that Lord Lyons thinks his in- 
structions do not authorize him to enter into convention with the authorities 
at Washington, and am instructed to apprise her Majesty's government of 
the fact. 

Under these circumstances, I am directed once more to renew the propo- 
sition here, and to say that, if agreeable to your lordship, I am prepared to 
present to your consideration a project of a convention at any moment 
which it may be convenient to you to appoint. 

Seizing the occasion to renew the assurance of my highest consideration, 

I have the honor to be your lordship's most obedient servant, 

CHARLES FRANCIS ADAMS. 

The Right Honorable Lord John Russell, 

dbc., &c., &c. 



Lord John Russell to Mr. Adams. 

Foreign Office, July 13, 1861. 

Sir: I have just had the honor to receive your letter dated the 11th instant. 
In the first conversation I had the honor to hold with you, on the 18th of 



116 ANNUAL MESSAGE OF THE PEESIDENT. 

May, I informed you that instructions had been sent to Lord Lyons to pro- 
pose to the government of the United States to adopt the second, third, and 
fourth articles of the declaration of Paris, dropping the first altogetlier. 

You informed me that you had instructions on the same subject; but I 
understood you to express an opinion, in which I fully concurred, that it 
would be well to leave the question in the hands of the Secretary of State 
at Washington. 

Lord Lyons had instructions to make an agreement with the government 
of the United States, but he had no express authority to sign a convention. 

The States who have adhered to the declaration of Paris have generally, 
if not invariably, done so by despatches or notes, and not by conventions. 

As, however, you have been instructed to present to her Majesty's gov- 
ernment, for consideration, a project of a convention, I shall be happy to 
see you at the foreign office at three o'clock to-day, for the purpose of 
receiving that project. 

I request you to receive the assurance of my highest consideration, and 
have the honor to be, sir, your most obedient servant. 



Charles Francis Adams, Esq., (be, &c., &c. 



J. RUSSELL. 



Lord John Russell to Mr. Adams. 

Foreign Office, July 18, 1861. 

Sir; Upon considering your propositions of Saturday last I have two 
remarks to make. 

First. The course hitherto followed has been a simple notification of 
adherence to the declaration of Paris by those states which were not 
originally parties to it. 

Secondly. The declaration of Paris was one embracing various powers, 
with a view to general concurrence upon questions of maritime law, and not 
an insulated engagement between two powers only. 

Her Majesty's government are willing to waive entirely any objection on 
the first of these heads, and to accept the form which the government of the 
United States prefers. 

With regard to the second, her Majesty's government are of opinion that 
they should be assured that the United States are ready to enter into a 
similar engagement with France, and with other maritime powers who are 
parties to the declaration of Paris, and do not purpose to make singly and 
separately a convention with Great Britain only. 

But as much time might be required for separate communications between 
the government of the United States and all the maritime powers who were 
parties to or have acceded to the declaration of Paris, her Majesty's govern- 
ment would deem themselves authorized to advise the Queen to conclude a 
convention on this subject with the President of the United States so soon 
as they shall have been informed that a similar convention has been agreed 
upon, and is read}' for signature, between the President of the United States 
and the Emperor of the French, so that the two conventions might be signed 
simultaneously and on the same day. 

I have the honor to be, with the highest consideration, sir, your most 
obedient, humble servant, 

J. RUSSELL. 

Ghaeles Francis Adams, Esq., &c., &c., &c. 



ANNUAL MESSAGE OF THE PEESIDENT. 117 

Mr. Seward to Mr. Adams. 

No. 42.] Department of State, 

Washington, July 21, 1861. 

Sir: Your despatch of June 28, No. 10, has been received. 

I have already, in a previous communication, informed you that this gov- 
ernment has not been disturbed by the action of the British authorities in 
sending three regiments into Canada, nor by the announcement of the coming 
of British armed vessels into American waters. These movements are cer- 
tainly not very formidable in their proportions; and we willingly accept the 
explanation that they proceed from merely prudential motives. 

Doubtless it had been better if they had not been made. But what gov- 
ernment can say that it never acts precipitately, or even capriciously. On 
our part the possibility of foreign intervention, sooner or later, in this 
domestic disturbance is never absent from the thoughts of this government. 
We are, therefore, not likely to exaggerate indications of an emergency for 
which we hold ourselves bound to be in a measure always prepared. 

Another subject which, according to your report, was discussed in your 
late interview with Lord John Russell demands more extended remarks. I 
refer to the portion of your despatch which is in these words: " His lordship 
then said something about difficulties in New Grenada, and the intelligence 
that the insurgents there had passed a law to close their ports. But the law 
officers here told him that this could not be done as against foreign nations, 
except by the regular form of a blockade. He did not know what we thought 
about it; but he had observed that some such plan was said to be likely to be 
adopted at the coming meeting of Congress in regard to the ports of those 
whom we considered as insurgents." 

Much as I deprecate a reference in official communications of this kind to 
explanations made by ministers in Parliament, not always fully or accurately 
reported, and always liable to be perverted when applied to cases not con- 
sidered when the explanations are given, I nevertheless find it necessary, by 
way of elucidating the subject, to bring into this coiniexion the substance of 
a debate which is said to have taken place in the House of Commons on the 
27th of June last, and whicli is as follows: 

Mr. H. Berkly asked the secretary of state for foreign affairs whether her 
Majesty's government recognized a notification given by Seuor Martin, min- 
ister plenipotentiary to this court from the Grenadian confederation, better 
known as the Republic of New Grenada, which announces a blockade of the 
ports of Rio Hacha, Santa Marta, Savanilla, Carthagena, and Zaporte, and 
which government did her Majesty's government recognize in the so-called 
Grenadian confederation. 

Lord John Russell said the question is one of considerable importance. 
The government of New Grenada has announced, not a blockade, but that 
certain ports of New Grenada are to be closed. The opinion of her Majesty's 
government, after taking legal advice, is, that it is perfectly competent for 
the government of a country in a state of tranquillity to say which ports 
shall be open to trade and which shall be closed; but in the event of insur- 
rection or civil war in that countr}', it is not competent for its government 
to close the ports that are de facto in the hands of the insurgents, as that 
would be an invasion of international law with regard to blockade. xVdmiral 
Milne, acting on instructions from her Majesty's government, has ordered 
the commanders of her Majesty's ships not to recognize the closing of their 
ports. 

Since your conversation with Lord John Russell, and also since the debate 
which I have extracted occurred, the Congress of the United States has by 



118 ANNUAL MESSAGE OF THE PRESIDENT. 

law asserted the rig-ht of this g-overnment to close the ports in this country 
which have been seized by the insurgents. 

I send you herewith a copy of the enactment. The connecting- by Lord 
John Eussell of tliat measure when it was in prospect with what had taken 
place in regard to- a law of New Granada, gives to the remarks which he 
made to you a significance that requires no especial illustration. If the 
government of the United States should close their insurrectionary ports 
under the new statute, and Great Britain should, in pursuance of the intima- 
tion made, disregard the act, no one can suppose for a moment that the 
United States would acquiesce. When a conflict on such a question shall 
arrive between the United States and Great Britain, it is not easily to be 
seen what maritime nation could keep aloof from it. It must be confessed, 
therefore, that a new incident has occurred increasing the danger that what 
has hitherto been, and, as we think, ought to be, a merely domestic contro- 
versy of our own, may be enlarged into a general war among the great 
maritime nations. Hence the necessity for endeavoring to bring about a 
more perfect iniderstanding between the United States and Great Britain 
for the regulation of tlieir mutual relations than has yet been attained. 

In attempting that important object I may be allowed to begin by affirm- 
ing that the President deprecates, as much as any citizen of either country 
or any friend of humanity througliout the world can deprecate, the evil of 
foreign wars, to be superinduced, as he thinks unnecessarily, upon the 
painful civil conflict in which we are engaged for the purpose of defending 
and maintaining our national authority over our own disloyal citizens. 

I may add, also, for mj^self, that however otherwise I may at any time 
have been understood, it has been an earnest and profound solicitude to 
avert foreign war; that alone has prompted tlie emphatic and sometimes, 
perhaps, impassioned remonstrances I have hitherto made against any form 
or measure of recognition of the insurgents by the government of Great 
Britain. I write in the same spirit now; and I invoke on the part of the 
British government, as I propose to exercise on my own, the calmness which 
all counsellors ought to practise in debates which involve the peace and 
happiness of mankind. 

The United States and Great Britain have assumed incompatible, and 
thus far irreconcilable, positions on the subject of the existing insurrection. 

The United States claim and insist that the integrity of the republic is 
unbroken, and that their government is supreme so far as foreign nations 
are concerned, as well for war as for peace, over all the States, all sections, 
and all citizens, the loyal not more than the disloyal, the patriots and the 
insurgents alike. Consequently they insist that the British government 
shall in no way intervene in the insurrection, or hold commercial or other 
intercourse with the insurgents in derogation of the federal authority. 

The British government, without having first deliberately heard the claims 
of the United States, announced, through a proclamation of the Queen, that 
it took notice of the insurrection as a civil war so flagrant as to divide this 
country into two belligerent parties, of which the federal government con- 
stitutes one and the disloyal citizens the other; and consequently it inferred 
a right of Great Britain to stand in an attitude of neutrality between them. 

It is not my purpose at this time to vindicate the position of the United 
States, nor is it my purpose to attempt to show to the government of Great 
Britain that its position is indefensible. 

The question at issue concerns the United States primarily, and Great 
Britain only secondarily and incidentally. It is, as I have before said, a 
question of the integrity, which is nothing less than the life of the republic 
itself. 

The position which the government has taken has been dictated, there- 



ANNUAL MESSAGE OF THE PEESIDENT. 119 

fore, b}' the law of self-preservation. No nation animated by lo^'al senti- 
ments and inspired by a generous ambition can even sufler itself to debate 
with parties within or without a policy of self-preservation. In assuming- 
this position and the policy resulting from it, we have done, as I think, just 
what Great Britain herself must, and therefore would do if a domestic in- 
surrection should attempt to detach Ireland, or Scotland, or England from 
the United Kingdom, while she would hear no argument nor enter into any 
debate upon the subject. Neither adverse opinions of theoretical writers, 
nor precedents drawn from the practice of other nations, or, even if they 
could be, from her own, would modify her course, which would be all the 
more vigorously followed if internal resistance should fortify itself with 
alliances throughout the world. This is exactly the case now with the 
United States. 

So, for obvious reasons, I refrain from argument to prove to the govern- 
ment of Great Britain the assumed error of the position it has avowed. 

First. Argument from a party that maintains itself to be absolutely right, 
and resolved in no case to change its convictions, becomes merely contro- 
versial. Secondly. Such argument would be only an indirect way of de- 
fending our own position, which is unchangeable. Thirdly. The position of 
Great Britain has been taken upon the assumption of a certain degree of 
probability of success b}' the insurgents in arms; and it must be sooner or 
later abandoned, as that probability shall diminish and ultimately ceaso, 
while in any case that circumstance does not afi'ect our position or the 
policy which we have adopted. It must, therefore, be left to Great Britain 
to do what we have done, namely, survey the entire field, with tlie conse- 
quences of her course deemed by us to be erroneous, and determine as those 
consequences develope themselves how long that course shall be pursued. 

While, however, thus waiving controversy on the main point, I am 
tempted by a sincere conviction that Great Britain really must desire, as we 
do, that the peace of the world may not be unnecessarily broken, to consider 
the attitude of the two powers, with a view to mutual forbearance, until 
reconciliation of conflicting systems shall have become in every event im- 
possible. 

The British government will. I think, admit that so soon as its unex- 
pected, and, as we regard it, injurious position assumed in the Queen's 
proclamation became known to us, we took some pains to avert premature 
or unnecessary collision, if it could be done without sacrificing any part of 
the sovereignty which we had determined in every event to defend. We 
promptly renewed the proposition which, fortunately for both parties, we 
had tendered before that proclamation was issued, to concede as one whole 
undivided sovereignty to Great Britain, as a friend, a'l the guarantees for 
her commerce that she might claim as a neutral from this government as 
one of her two imagined belligerents. It seemed to us that these two great 
and kindred nations might decline to be dogmatic, and act practically with 
a view to immediate peace and ultimate good understanding. 

So, on the other hand, it is my duty to admit, as I most frankly do, that 
the directions given by the British government that oar blockade shall be 
respected, and that favor or shelter shall be denied to insurgent privateers, 
together with the disallowance of the application of the insurgent commis- 
sioners, have given us good reason to expect that our complete sovereignty, 
though theoretically questioned in the Queen's proclamation, would be prac- 
tically respected. Lord Lyons, as you are aware, proposed to read to me a 
despatch which he had received from his government, affirming the position 
assumed in the Queen's proclamation, and deducing from that position 
claims as a neutral to guarantees of safety to British commerce less than 
those we had, as I have already stated, offered to her as a friend. I de- 



120 ANNUAL MESSAGE OF THE PRESIDENT. 

clined, as you have been advised, to hear the communication, but neverthe- 
less renewed through you, as I consistently could, the offer of the greater 
guarantees before tendered. 

Tiie case then seemed to me to stand thus: The two nations had, indeed, 
failed to find a common ground or principle on which they could stand to- 
gether; but they had succeeded in reaching a perfect understanding of the 
nature and extent of their disagreement, and in finding a line of mutual, 
practical forbearance. It was under this aspect of the positions of the two 
governments that the President thought himself authorized to inform Con- 
gress on its coming together on the 4th of July instant, in extra session 
that the sovereignty of the United States was practically respected by all 
nations. 

Nothing has occurred to change this condition of affairs, unless it be the 
attitude which Lord John Russell has indicated for the British government 
in regard to an apprehended closing of the insurrectionar}^ ports, and the 
passage of the law of Congress which authorizes that measure in the dis- 
cretion of the President. 

It is my purpose not to anticipate or even indicate the decision which 
will be made, but simply to suggest to you what you may properly and 
advantageously say while the subject is under consideration. First. You 
will, of course, prevent misconception of the measure by stating that tho 
laAv only authorizes the President to close the ports in his discretion, ac- 
cording as he shall regard exigencies now existing or hereafter to arise. 

Secondly. The passage of the law, taken in connexion with attendant cir- 
cumstances, does not necessarily indicate a legislative conviction that the 
ports ought to be closed, but only shows the purpose of Congress that the 
closing of the ports, if it is now or shall become necessary, shall not fail 
for want of power explicitly conferred by law. When, on the 13th of April 
last, disloyal citizens defiantly inaugurated an armed insurrection by tlie 
bombardment of Fort Sumter, the President's constitutional obligation to 
suppress the insurrection became imperative. 

But the case was new, and had not been adequately provided for by ex- 
press law. The President called military and naval forces into activity, 
instituted a blockade, and incurred great expense, for all which no direct 
legal provisions existed. He convened Congress at the earliest possible 
day to coiifirm these measures, if they should see fit. 

Congress, when it came together, confronted these facts. It has employed 
itself less in directing how and in what way the Union shall be maintained, 
than in confirming what the President had already done, and in putting into 
his hands more ample means and greater power than he has exercised or 
asked. 

The law in question was passed in this generous and patriotic spirit. 
Whether it shall be put into execution to-day or to-morrow, or at what time, 
will depend on the condition of things at home and abroad, and a careful 
weighing of the advantages of so stringent a measure against those which 
are derived from the existing blockade. 

Thirdly. You may assure the British government that no change of policy 
now pursued, injuriously affecting foreign commerce, will be made from 
motives of aggression against nations which practically respect the 
sovereignty of the United States, or without due consideration of all the 
circumstances, foreign as well as domestic, bearing upon the question. The 
same spirit of ibrbearance towards foreign nations, arising from a desire to 
confine the calamities of the unhappy contest as much as possible, and to 
bring it to a close by the complete restoration of the authority of the gov- 



ANNUAL MESSAGE OF THE PEESIDENT. 121 

ernment as speedily as possible, that have hitherto regulated the action of 
the government will continue to control its counsels. 

On the other hand, you will not leave it at all doubtful that the President 
fully adheres to the position that this government so early adopted, and which 
I have so continually throughout this controversy maintained; consequently 
he fully agrees with Congress in the principle of the law which authorizes 
him to close the ports which have been seized by the insurgents, and he will 
put into execution and maintain it with all the means at his command, at the 
hazard of whatever consequences, whenever it shall appear that the safety 
of the nation requires it. 

I cannot leave the subject without endeavoring once more, as I have so 
often done before, to induce the British government to realize the conviction 
which I have more than once expressed in this correspondence, that the 
policy of the government is one that is based on interests of the greatest 
importance, and sentiments of the highest virtue, and therefore is in no case 
likely to be changed, whatever ma}'- be the varying fortunes of the war at 
home or the action of foreign nations on this subject, while the policy of 
foreign States rests on ephemeral interests of commerce or of ambition . 
merely. The policy of these United States is not a creature of the govern- 
ment but an inspiration of the people, while the policies of foreign States 
are at the choice mainly of the governments presiding over them. If, 
through error, on whatever side this civil contention shall transcend the 
national bounds and involve foreign States, the energies of all commercial 
nations, including our own, will necessarily be turned to war, and a general 
carnival of the adventurous and the reckless of all countries, at the cost of 
the existing commerce of the world, must ensue. Beyond that painful scene 
upon the seas there lie, but dimly concealed from our vision, scenes of 
devastation and desolation which will leave no roots remaining out of 
which trade between the United States and Great Britain, as it has hitherto 
flourished, can ever again spring up. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 



Mr. Adams to Mr. Seward. 
[Extracts.] 



No. 20,] Legation of the United States, 

London, July 26, 186L 

Sir: At the close of my despatch, No. 11, on the subject of my last 
conference with Lord John Russell, I mentioned my intention to write to Mr. 
Dayton, at Paris, to know whether he felt authorized to proceed in a simul- 
taneous negotiation on the subject of the declaration of the congress at 
Paris. I have now to report that I executed my purpose on the 19th instant. 

On the evening of the 24th I received a note from Mr. Dayton announcing 
his arrival in town and his wish to confer with me upon this matter. 

Yesterday morning I had the pleasure of a full and free conversation with 
him, in the course of which we carefully compared our respective instructions 
and the action taken under them. 

I am very glad he has taken the trouble to come over to see me, for I 
confess that I was a little embarrassed by not knowing the precise nature 
of his proposal to the French government at the time when I heard of it 
from Lord John Russell. Had I been informed of it I should perhaps have 
shaped my own course a little differently. So I doubt not that he would 



122 ANNUAL MESSAGE OF THE PEESIDENT. 

have heeii pleased to know more exactly my own proceedings as well as the 
more specific character of my instructions. An hour's interview has had the 
effect to correct our impressions better than could have been accomplished 
by an elaborate correspondence. 

1 can now perfectly understand as well as enter into the reasons which 
prompted his proposal of the declaration of Paris, connected as it was with 
the modification first suggested by Mr. Marcy. There can be no doubt that 
the attempt to secure such an extension of the application of the principle 
contained in the first point of that declaration was worth making, on the 
part of the new administration, particularly at a place where there was no 
reason to presume any disinclination to adopt it. Neither did the reply of 
Mr. Thouvenel entirely preclude the hope of ultimate success, so far as the 
disposition of France may be presumed. 

The obstacles, if any there are, must be inferred to have been thought to 
exist elsewhere. And an advance could be expected only when the efforts 
to remove them had been applied with eflFect in the proper quarter. It was, 
therefore, both natural and proper for Mr. Dayton, after having made his 
offer, and received such an answer, to wait patiently until it should become 
apparent that such efforts had been made, and made without success. 

There can be no doubt that the opposition to this modification centres 
here. Independently of the formal announcement of Lord Jolin Russell to 
me that the proposition was declined, I have, from other sources of informa- 
tion, some reason to believe that it springs from the tenacity of a class of 
influential persons, by their age and general affinities, averse to all sudden 
variations from established ideas. Such people are not to be carried away 
by novel reasoning, however forcible. VVe have cause to feel the presence 
of a similar power at home, though in a vastly reduced degree. 

All modifications of the public law, however beneficent, naturally meet 
with honest resistance in these quarters for a time. It is to be feared that 
this may have the effect of defeating, at this moment, the application of the 
noble doctrines of the declaration of Paris, in the full expansion of which 
they are susceptible. But to my mind the failure to reach that extreme 
point will not justify the United States in declining to accept the good 
which is actually within their grasp. The declaration of the leading powers 
of civilized Europe, made at Paris in 1856, engrafted upon the law of nations 
for the first time great principles for which the government of the United 
States had always contended against some of those powers, and down to 
that time had contended in vain. 

That great act was the virtual triumph of their policy all over the globe. 
It was the sacrifice, on the part of Great Britain, of notions she had ever 
before held to with the most unrelenting rigidity. It would therefore seem 
as if any reluctance to acknowledge this practical amount of benefit, 
obtained on the mere ground that something remained to require, was cal- 
culated only to wither the laurels gained by our victory. 

It would almost seem like a retrograde tendency to the barbarism of 
former ages. Surely it is not in the spirit of the reformed government in 
America to give countenance to any such impression. Whatever may have 
been the character of the policy in later years, the advent of another and a 
better power should be marked by a recurrence to the best doctrines ever 
proclaimed in the national history. And if it so happen that they are not 
now adopted by others to the exact extent that we would prefer, the obvious 
course of wisdom would seem to be to accept the good which can be ob- 
tained, and patiently to await another opportunity when a continuance of 
exertions in the same direction may enable us to secure everything that is 
left to be desired. 

I think that Mr. Dayton has waited only to be convinced that his proposed 



ANNUAL MESSAGE OF THE PRESIDENT. 123 

modification cannot be secured before he acts upon the authority given him 
to accede to the declaration of Paris, pure and simple. 

On my part, I have apprised him of the answer made to me by Lord John 
Russell at our last conference. But he wishes some evidence upon which 
he can rely a little more securely than a report of conversation. And con- 
sidering the remarkable discrepancy in the recollection of the conferences 
with his lordship which has thus far taken place, I am not surprised. In 
order to meet this difficulty he has addressed to me a letter of inquiry, 
which I propose to answer. At the same time I design to address a letter 
to his lordship recapitulating the portion of his conversation that is in 
question, and informing him that, on the assumjolion that I understood him 
right, Mr. Dayton consents to proceed. This will, of course, render it neces- 
sary for him to explain himself, if the fact should be otherwise. 

Mr. Dayton will, of couise, communicate directly with the department as 
to the later measures which he may think proper to take. 

You will have been already informed by the newspapers of the changes 
which the ministry has undergone in consequence of the necessity imposed 
upon Lord Herbert by his failing health to retire from his post. As a con- 
sequence, Lord John Russell has been called to the House of Lords, though 
retaining his official station, and some shifting of other places has occurred. 
The only new appointment is that of Sir Robert Peel. * * * 

5K * * ***.-(:>;<** 

* * * ;!;****** 

* * * ******* 

* * * ******* 
But I have not time at the close of this communication to enter into any 

speculations so intimately connected with a general view of the state of 
affairs in the other countries of Europe as well as in the United States. I 
shall therefore reserve what views I may have to submit on this subject to 
a future opportunity. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Seward to 3Ir. Adams. 

[Confidential ] 

No 46.] Department of State, 

Washington, July 26, 186L 

Sir: My despatch, No. 42, dated July 21, was delayed beyond the proper 
mail day by circumstances entirely beyond my control. I trust, however, 
that it will still be in time. 

Our army of the Potomac on Sunday last met a reverse equally severe 
and unexpected. For a day or two the panic which had produced the result 
was fullowed by a panic that seemed to threaten to demoralize the country. 
But that evil has ceased already. The result is already seen in a vigorous 
reconstruction upon a scale of greater magnitude and increased enthusiasm. 

It is not likely 'that anything will now be done here, hastily or inconsid- 
ei'ately, affecting our foreign relations. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., tf'C, d:c., &c. 



124 ANNUAL MESSAGE OF THE PEESIDENT. 

Mr. Seward to Mr. Adams. 
[Confidential.] 

No. 49.] Department of State, 

Washington, July 29, 1861. 

Sir: Your despatch of July 12, 1861, No 14, has been received. 

Your proposition of making a distinct appeal to the British government 
on the subject of the issue between it and this government, upon the ques- 
tions so long discussed, is approved. We shall look with much interest for 
the answer of that government. 

You will hear of a reverse of our arms in Virginia. The exaggerations 
of the result have been as great as the public impatience, perhaps, which 
brought it about. But the aft'air will not produce any serious injary. The 
strength of the insurrection is not broken, but it is not formidable. The 
vigor of the government will be increased, and tlie ultimate result will be 
a triumph of the Constitution. Do not be misled by panic reports of danger 
apprehended for the capital. 

Some important points in your despatch will be treated of in another 
paper. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., d-c, &c., (i:c. 



Mr. Adams to Mr. Seward. 



No. 22.] Legation of the United States, 

London, August 2, 1861. 

Sir: I have the honor to transmit the copy of a note addressed by me, on 
the 29th of July last, to Lord John Russell, and likewise a copy of iiis lord- 
ship's reply. I must frankly admit that I do not understand the meaning 
of the last paragraph. 

I have transmitted a copy of his lordship's note to Mr. Dayton. I doubt 
not that it will be deemed by him so far satisfactory as to induce him to 
take the necessary measures for a simultaneous negotiation as soon as the 
customary arrangements with the French government can be made 
I have the honor to be, sir. your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. Wm. H. Seward, 

Secretary of State, Washington, D. G. 



Legation of the United States, 

London, July 29, 1861. 

My Lord: I have the honor now to inform your lordship that, in conso- 
nance with the intention expressed in my note of the 19th instant, I have 
written to Mr. Dayton, at Paris, touching the extent of his powers to nego- 
tiate upon the same basis proposed by me to you, with the government of 
France, to which he is accredited. I have also to say that since the date of 
my writing I have had the pleasure to converse personally with him as 
well as to receive a letter from him in answer to my inquiiy. 

Mr. Dayton informs me that, some time since, he made a proposal to the 
French government to adopt the declaration of the congress of Paris in 
1856, with an addition to the first clause, in substance the same with that 



ANNUAL MESSAGE OF THE PEESIDENT. 125 

heretofore proposed by his predecessor, Mr. Mason, xmder instructions given 
by Mr. Marcy, then the Secretary of State of the United States. To that 
proposal he received an answer from the French minister of foreign afiairs, 
declining to consider the proposition, not for any objection entertained 
against it, but because it was a variation from the terms of the original 
agreement requiring a prior reference of it to the other parties to that con- 
vention. This answer does not, in his opinion, make the ultimate accept- 
ance of his addition impossible, and he does not feel as if he ought to aban- 
don the support of what he considers as so beneficent an amendment to the 
original plan until he has reason to despair of success. He has therefore 
requested to know of me whether I have reason to believe perseverance in 
this direction to be fruitless. 

For m}' part I entirely concur in the view entertained by Mr. Dayton of 
the value of this amendment. I also know so well the interest that my 
government takes in its adoption as to be sure that it would refuse to justify 
a further procedure on our part which was not based upon a reasonable 
certainty that success is not attainable, at least at the present moment. I 
have, therefore, ventured to state to Mr. Dayton n\y belief that I have that 
certainty. I have therefore mentioned to him, what I have likewise commu- 
nicated to the proper department of the government of the United States, 
the fact that in the last conference I had the honor to hold with your lord- 
ship, allusion having been made to the amendment of Mr. Dayton, I said 
that that amendment was und(jubtedl3^ the first wish of my government, and 
that I had instructions to press it if there was the smallest probability of 
success, but that I supposed this matter to have been already definitively 
acted upon. To which I understood your lordship to signify your assent, 
and to add that I. might consider the proposition as inadmissible. If I have 
made no mistake in reporting the substance of what passed between us, Mr. 
Dayton tells me he is satisfied, and expresses his readiness to proceed on the 
basis proposed by me to your lordship with the French government. But in 
order to remove all probability of misconception between him and myself, I 
have taken the liberty of recalling your lordship's attention to the matter 
before it may be too late. Should there have been any essential error of 
fact on the main point, I trust your lordship will do me the favor to set me 
right. 

Should it happen, on the contrary, that I am correct, I believe it will not 
be necessary to interpose any delay in the negotiation for further reference 
to the government of the United States. Mr. Dayton will take the necessary 
steps to apprise the government of the Emperor of the French of his inten- 
tion to accede to the declaration of Paris, pure and simple, and the negotia- 
tions may be carried on simultaneously in both countries as soon as the 
necessary arrangements can be perfected on the respective sides. 

However my government may regret that it has not been able to expand 
the application of the principles of the declaration of Paris to the extent 
which it deems desirable, it is too well convinced of the great value of the 
recognition actually given to those principles by the great powers of Europe 
in that act, longer to hesitate in giving in its cordial adhesion. But it 
ardently cherishes the hope that time and the favoring progress of correct 
opinion may before long bring about opportunities for additional develop- 
ments of the system they initiate, through the co-operation of all maritime 
nations of the earth, and most especially of one so enlightened and philan- 
thropic as Great Britain. 

Renewing the assurances of my highest consideration, I have the honor 
to be your lordship's most obedient servant, 

CHARLES FRANCIS ADAMS. 

The Right Hon. Lord John Russell, (&c., &c., (&c. 



126 ANNUAL MESSAGE OF THE PRESIDENT. 

Foreign Office, July 31, 1861. 

Sir: I have had the honor to receive your letter of the 29th instant, in 
which you inform me that Mr. Dayton, some time since, made a proposal 
to the French government to adopt the declaration of the congress of Paris 
in 1856, with an addition to the first clause, in substance the same with that 
heretofore proposed by his predecessor, Mr. Mason, under instructions given 
by Mr. Marcy, then the Secretary of State of the United States. After giving 
an account of the reception given to that proposition by the French govern- 
ment, and the value attached to it by Mr. Dayton and yourself, you proceed 
to state that in a conversation with me you told me that the addition pro- 
posed was the first wish of your government, and that you had instructiens 
to press it if there was the smallest probability of success, but that you 
supposed this matter to have been already definitively acted upon. You 
represent me as signifying my assent, and adding that I considered the propo- 
sition as inadmissible. 

So far as I am concerned, this statement is perfectly correct. 

You go on to inform me that in the case of your statement being correct, 
Mr. Daj'ton will take the necessary steps to apprise the French government 
of his intention to accede to the declaration of Paris, ''pure and simple, 
and that the negotiations may be carried on simultaneously in both 
countries as soon as the necessary arrangements can be perfected on the 
respective sides." 

You will doubtless recollect that in my letter of tlic 18th instant, I stated 
that "her Majesty's government are of opinion that tliey should be assured 
that the United States are ready to enter into a similar engagement with 
France, and with the other maritime powers who are parties to the declara" 
tion of Paris, and do not propose to make simply and separately a conven- 
tion with Great Britain only." 

But as I agreed in the same letter to waive this assurance, and as I con- 
clude, in point of fact, tlie United States are willing to sign similar conven- 
tions with all the states parties to the declaration of Paris, I shall be ready 
to carry on tlie negotiations as soon as the necessary arrangements can be 
perfected m Loudon and Paris, so that the conventions may be signed simul- 
taneously at those two capitals. 

I need scarcely add that on the part of Great Britain the engagement will 
bo prospective, and will not invalidate anything already done. 

I have the honor to be, with the highest consideration, sir, your most obe- 
dient, humble servant, 

J. RUSSELL. 

Charles Francis Adams, Esq., dc, &c., &c. 



Mr. Seward to Mr. Adams. 



No. 55.] . Department of State, 

Washington, August 6, 1861. 

Sir: Your despatch, No. 17, of the date of July 19th, has been received. 

I entirely approve of the letter which you addressed to Lord John Russell, 
of the 11th, a copy of which accompanied that despatch, and I wait now with 
impatience, j'et not without some solicitude, for the action of the British gov- 
ernment upon our propositions which we so early sent forward in good faith, 
and which by such strange accidents have been so long in reaching the 
cabinet of Great Britain. 

I need hardly tell you that the same mail which conveyed our propositions 



ANNUAL MESSAGE OF THE PEESIDENT. 127 

concerning" maritime rig-hts for the consideration of the British g'overnment, 
carried also propositions literally the same for the consideration of the French 
government, and that of every other maritime power in Europe. 

All those powers are understood to be awaiting' the action of the govern- 
ment of Great Britain. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SE\YARD. 
Charles Fraxcis Adams, Esq., rfc, <fc., <f'C. 



Mr. Seward to Mr. Adams. 



No. 58.] Department of St.\te, 

Washington, August 12, 1861. 

Sir: Your despatch of July 24th (No. 20) has been received. I am glad 
that you have had a full and satisfactory conversation with Mr. Da3'^ton. It 
seems probable that we shall now be able to arrive at an understanding with 
the govermnents of Great Britain and France on the subject of international 
law relating to maritime war. 

The shock produced by the reverse of our arms at Bull Run has passed 
away. The army is reorganized; the elections show that reaction against 
disunion has begun in the revolutionary States, and we may confidently look 
for a restoration of the national authority throughout the Union. 

If our foreign relations were once promptly re-established on their former 
basis, the disunion sentiment would languish and perish within a year. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., ct-c, d-c, (f-c. 



Mr. Adams to Mr. Seward. 
[Extract.] 



No. 29.] Legation of the United States, 

London, August 16, 1861. 

Sir: I have read with great attention the contents of your despatch, No. 
42, dated the 21st July, and shall avail myself of the argument upon the next 
occasion of an interview with Lord Russell. But I have not thought it 
necessary to solicit one, for the reason that the government here does not 
appear to contemplate any change of position, so long as the blockade shall 
be kept up. 

In the last conference which I had wnth his lordship, I took occasion 
towards the close of it to intimate to him that he must not infer, from mj'' not 
having entered.into discussicm of the merits of the question, that I gave any 
assent to the position taken hj him about the right of a government to close 
its own ports, when held by forcible possession of persons resisting its 
authm'ity. On the contrary, I desired to reserve for my government the 
treatment of it as an open question whenever it should take any practical 
shape. 

In the meantime I had every reason to believe that it was the design of 
the President to persevere in the blockade, and to that end that the neces- 
sary^ forces were in constant process of accumulation. This coarse, being 
understood to be one against which his lordship had signified an intention 
not to raise any objection, I did not think it worth while now to go further. 



28 ANNUAL MESSAGE OF THE PEESIDENT. 

At the time of this interview no mention had been made of the precise form of 
the legislation contemplated by Congress. We received more precise intel- 
ligence on this side of the water a few days before the prorogation of Par- 
liament. On the very last day for transacting business the subject was 
brought np in the House of Commons on a question addressed to Lord Pal- 
merston by Mr. Wyld. His lordship's answer has doubtless attracted your 
attention long ere this. He considered the law as merei}' giving a discre- 
tionary power. But if carried into practice he construed it as putting an 
end to the blockade. So that, whether under blockade or under a levy of 
duties, foreign nations would have a rule to go by. His reply was, however, 
rather specious than solid, for it did not touch the difficulty presented by the 
fourth section, nor that involved in a possible levy of a double set of duties, 
one by the government on ship-board, and another by the insurgents on land. 
I am inclined to believe that serious objection would be made here in either 
of these contingencies. For this reason I do not deem it expedient to stir the 
matter until the necessity for it shall become positive. Believing the gov- 
ernment to be on the whole favorably disposed towards us, and also that it 
is of great importance to avoid all complications of the present struggle 
which would practically benefit the insurgents, I shall delay to open any 
sources of conti'oversy which I think may be avoided until especially in- 
structed to do otherwise. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

tSecretary of State, Washington, D. C. 



3Ir. Seward to Mr. Adams. 



No. 6L] Department of State, 

Washington, August IT, 1861. 

Sir: Your despatch of August 2 (No. 22) has been received. It is 
accompanied by a correspondence which has just taken place between youi'- 
self and Lord John Russell, with a view, on your part, to remove possible 
obstructions against the entrance upon negotiations, with which you have 
so long been charged, for an accession on our part to the declaration of the 
congress of Paris on the subject of the rights of neutrals in maritime war. 
It was also understood by you that a further result of the correspondence 
would be to facilitate, indirectly, the opening of similar negotiations for a 
like object, by Mr. Dayton, with the government of France. 

Your letter to Lord John Russell is judicious, and is approved. Lord 
John Russell's answer is satisfactory, with the exception of a single pas- 
sage, upon which it is my duty to instruct you to ask the British secretary 
for foreign affairs for an explanation. 

That passage is as follows: 

"I need scarcely add that on the part of Great Britain the engagement 
will be prospective, and will not invalidate anything already done." 

A brief statement of the objects of the proposed negotiation will bring 
the necessity for an explanation of this passage into a stong light. We 
have heretofore proposed to other maritime states certain meliorations of 
the laws of maritime war affecting the rights of neutrals. These meliora- 
tions are: 1st. That the neutral flag shall protect enemy's goods not contra- 
band of war. 2d. That the goods of neutrals, not contraband, though found 



ANNUAL MESSAGE OF THE PEESIDENT. 129 

under an enemy's flag, shall not be confiscated. 3d. Thai blockades, to be 
respected, must be effective. 

The congress at Paris adopted these three principles, adding a fourth, 
namely, that privateering shall be abolished. The pov?ers which consti- 
tuted that congress invited the adhesion of the United States to that decla- 
ration. The United States answered that tlipy would accede on condition 
that the other powers would accept a fifth proposition, namely, that the 
goods of private persons, non-combatants, should be exempt from confisca- 
tion in maritime war. 

When this answer was given by the United States, the British govern- 
ment declined to accept the proposed amendment, or fifth proposition, thus 
offered by the United States, and the negotiation was then suspended. We 
have now proposed to resume the negotiation, offering our adhesion to the 
declaration of Paris, as before, with the amendment which would exempt 
private property from confiscation in maritime war. 

The British government now, as before, declares this amendment or fifth 
proposition inadmissible It results that, if the United States can at all 
become a party to the declaration of the congress of Paris by the- necessary 
consent of the parties already committed to it, this can be done only by 
their accepting that declaration without any amendment whatever, in other 
words, " pure and simple." Under these circumstances you have proposed 
in j-our letter to Lord John Russell to negotiate our adhesion to the declara- 
tion in that form. It is at this stage of the affair that Lord John Pussell 
interposes, by way of caution, the remark, that " on the part of Great Britain 
the engagement will be prospective, and will not invalidate anything already 
done." 

I need dwell on this remark onlj' one moment to show that, although 
expressed in a very simple form and in a quite casual manner, it contains 
what amounts to a preliminary condition, which must be conceded by the 
United States to Great Britain, and either be inserted in the convention, and 
so modify our adhesion to the declaration of Paris, or else must be in some 
confidential manner implied and reserved, with the same effect. 

Upon principle this government could not consent to enter into formal 
negotiations, the result of which, as expressed in a convention, should be 
modified or restricted by a tacit or implied reservation. Even if such a pro- 
ceeding was compatible with our convictions of propriety or of expediency, 
there would yet remain an insuperable obstacle in the way of such a 
measure. 

The President can only initiate a treaty. The treaty negotiated can come 
into life only through an express and deliberate act of ratification by the 
Senate of the United States, which ratification sanctions, in any case, only 
what is set down in the treaty itself I am not, by any means, to be under- 
stood in these remarks as implying a belief that Lord John Russell desires, 
expects, or contemplates the practice of any reservation on the part of the 
United States or of Great Britain. The fact of his having given you the 
caution upon which I am remarking, would be sufficient, if evidence were 
necessary, to exclude any apprehension of "that sort. It results from these 
remarks that the convention into which we are to enter must contain a pro- 
vision to the effect that " the engagements " to be made therein are " on the 
part of Great Britain prospective, and will not invalidate anything already 
done." 

I must, therefore, now discuss the propriety of inserting such a stipulation 
in the convention which you have been authorized to consummate. The 
proposed stipulation is divisible into two parts, namely: First. That the en- 
gagements of Great Britain are "prospective" [only.] 

I do not see any great objection to such an amendment. But why should 

Ex. Doc. 1 



130 ANNUAL MESSAGE OF THE PRESIDENT. 

it be important. ' A contract is always prospective, and prospective only, 
if it contains no express stipulation that it shall bo retrospective in its opera- 
tion. So much, therefore, of the stipulation asked is unnecessary, while, if 
conceded, it might possibly give occasion to misapprehension as to its effect. 
You will, therefore, decline to make such a condition without first receiving a 
satisfactory explanation of its meaning and its importance. 

The second part of the proposed condition is, that the " engagement will 
not invalidate anything already done." I am not sure that I should think 
this proposed condition exceptionable, if its effect were clearly understood. 
It is necessar}'-, however, to go outside of his lordship's letter to find out 
what is meant by the words " anything already done." If " anything" per- 
tinent to the subject " has been already done" which ought not to be invali- 
dated, it is clear that it must have been done cither by the joint action of the 
United States and Great Britain, or by the United States only, or by Great 
Britain acting alone. There lias been no joint action of the United States and 
Great Britain upon the subject. The United States have done nothing af- 
fecting it; certainly nothing which they apprehend would be invalidated by 
the simple form of convention which they propose. I am left to conclude, there- 
fore that the " thing" which " has been done already," and which Great Britain 
desires shall not be invalidated by the convention, must be something which 
she herself has done. At the same time we are left to conjecture what that 
thing is which is thus to be carefully saved. It would be hazardous on our 
part to assume to know, while I have no doubt that the British government, 
with its accustomed frankness, and in view of the desirableness of a perfect 
understanding of the matter, will at once specify what the thing which has 
been done by her, and which is not to be invalidated, really is. You will, 
therefore, respectfully ask the right honorable secretary for foreign affairs 
for an explanation of the part of his letter which I have thus drawn under 
review, as a preliminary to any further proceedings in the proposed nego- 
tiation. 

You will perform this in such a manner as to show that the explanation is 
asked in no querulous or hypercritical spirit. Secondly, you will perform it 
with reasonable promptness, so that the attainment of the important object 
of the negotiation may not be unnecessarily delayed; and, thirdly, you will 
assure the British government that while the United States at present see 
no reason to think that the stipulation proposed is necessary or expedient, 
3'et, in view of the great interests of commerce and of civilization which are 
involved, they will refuse nothing which shall be really just or even non- 
essential and not injurious to themselves, while of course I suppose the}'' are 
not expected in any way to compromise their own national integrity, safety, 
or honor. 

I am, sii', respectfully, your obedient servant, 

WILLIAM II. SEWARD. 

Charles Francis Adams, Esq., &c:, &c., &c. 



3Ir. Seward io Mr. Adams. 



No. 63.] Departmext of State, 

Waf<hinglon, August 17, 186L 
Sir : Alexander II. Schultz, a special messenger, will deliver to j^ou this 
despatch, together with a bag containing papers addressed to Lord John 
Russell. 



AI^NUAL MESSAGE OF THE PEESIDENT. 131 

On the 5tli instant I was advised by a telegram from Cincinnati that 
Robert Mure, of Charleston, was on his way to New York to embark at that 
port for England, and that he was a bearer of despatches from the usurping- 
insurrectionary authorities of Richmond to Earl Russell. Other information 
bore that he was a bearer of despatches from the same authorities to their 
agents in London. Information from various sources agreed in the fact that 
he was travelling under a passport from the British consul at Charleston. 

Upon this information I directed the police at New York to detain Mr. 
Mure and any papers which might be found in his possession until I should 
give further directions. He was so detained, and he is now in custody at 
Fort Lafayette, awaiting full disclosures. In his possession were found 
seventy letters, four of which were unsealed and sixty-six sealed. There 
was also found in his possession a sealed bag marked " Foreign Office, 3," 
with two labels, as follows : " On Her Brit. Maj. service. The Right Hon- 
orable the Lord John Russell, M. P., &c., &c., &c. Despatches in charge of 
Robert Mure, Esq ," signed Robert Bunch. " On Her Brit. Maj. service. 
The Right Honorable the Lord John Russell, M. P., H. B. M.'s Principal Sec- 
retary of State for Foreign Affairs, Foreign Office, London, R. Bunch." The 
bag bears two impressions of the seal of office of the British consul at 
Charleston, and seems to contain voluminous papers. 

There were also found upon Mr. Mure's person, in an open envelope, what 
pretends to be a passport in the following words. — (See Annex A.) 

Also a letter of introduction, which is as follows. — (See Annex B.) 

There were also found several unsealed copies of a printed pamphlet 
entitled "A narrative of the Battles of Bull Run and Manassas Junction, 
July 18th and 21st. Accounts of the advance of both armies, the battles 
and rout of the enemy, compiled chiefly from the detailed reports of the 
Virginia and South Carolina press; Charleston, Steam Power Presses of 
Evans & Coggswell, No. 3 Broad, and 103 East Bay streets, 1861." 

This pamphlet is manifestly an argument for the disunion of the United 
States. Several copies of it were found addressed to persons in England. 

The marks and outward appeaiance of the bag indicate that its contents 
are exclusively legitimate communications from the British consul at Charles- 
ton to H. B. M.'s government. Nevertheless, I have what seem to be good 
reasons for supposing that they may be treasonable papers, designed and 
gotten up to aid parties engaged in arms for the overthrow of this govern- 
ment and the dissolution of the Union. These reasons are: 1st. That I can 
hardly conceive that there can be any occasion for such very voluminous 
communications of a legitimate nature being made by the consul at Charles- 
ton to his government at the present time. 2d. Consuls have no authority 
to issue passports, the granting of them being, as I understand, not a con- 
sular but a diplomatic function. Passports, however, have, in other times, 
been habitually granted by foreign consuls residing in the United States. 
But soon after the insurrection broke out in the Southern States a regula- 
tion was made by this department, which I have excellent means of knowing 
was communicated to the British consul at Charleston, to the effect that, 
until further orders, no diplomatic or consular passports would be recog- 
nized by this government, so far as to permit the bearer to pass through 
the lines of the national forces or out of the country unless it should 
be countersigned by the Secretary of State and the commanding general 
of the army of the United States. Mr. Mure had passed the lines of 
the army, and was in the act of leaving the United States in open viola- 
tion of this regulation. Moreover, the bearer of the papers, Robert Mure, 
is a naturalized citizen of the United States, has resided here thirty 
years, and is a colonel in the insurgent military forces of South Carolina. 



132 ANNUAL MESSAGE OF THE PRESIDENT 

3d. If the papers contained in the bag are not illegal in their nature or 
purpose, it is not seen why their safe transmission was not secured, as it 
might have been by exposing them in some way to Lord Lyons, British 
minister residing at this capital, whose voucher for their propriety, as Mr. 
Bunch must well know, would exempt them from all scrutiny or suspicion. 
4th. The consul's letter to the bearer of dispatches attaches an unusual 
importance to the papers in question, while it expresses great impatience 
for their immediate conveyance to their destination, and an undue anxiety 
lest they might, by some accident, come under the notice of this govern- 
ment. 6th. The bearer is proved to be disloyal to the United States by the 
pamphlet and the letters found in his possession. 

I have examined many of the papers found upon the person of ^Ir. Mure, 
and I find them full of treasonable information, and clearly written for trea- 
sonable purposes. These, I think, will be deemed sufficient grounds for 
desiring the scrutiny of the papers and surveillance of the bearer on my 
part. 

Comity towards, the British government, together with a perfect confi- 
dence in its justice and honor, as well as its friendship towards the United 
States, to say nothing of a sense of propriety, which I could not dismiss, 
have prevented me from entertaining, for a moment, the idea of breaking 
the seals which I have so much reason to believe were put upon the con- 
sular bag to save it from my inspection, while the bearer himself might 
remove them on his arrival in London, after which he might convey the 
papers, if treasonable, to the agents of the insurgents, now understood to 
be residing in several of the capitals in Europe. 

I will not say that I have established the fact that the papers in question 
are treasonable in their nature, and are made with purposes hostile and 
dangerous to this country. But I confess I fear they are so, and I appre- 
hend either that they are guilty despatches to the agents of disunion, or 
else that, if they are really addressed to the British government, they are 
papers prepared by traitors in the insurrectionary States, with a view to 
apply to the British government for some advantage and assistance or coun- 
tenance from that government injurious to the United States and subversive 
of their sovereignty. Of course, I need hardly say that I disclaim any 
thought that Earl Russell has any knowledge of the papers or of their being' 
sent, or that I have any belief or fear that the British government would, in 
any way, receive the papers if they are illegal in their character, or dan- 
gerous or injurious to the United States. It is important, however, to this 
government that whatever mischief, if any, may be lurking in the transac- 
tion, be counteracted and prevented. 

I have, therefore, upon due consideration of the case, concluded to send 
the bag by a special messenger, who will deliver it into your care, and to 
instruct j'ou to see that it is delivered accordingly to its address in exactly 
the condition in which you receive it. 

You will also make known to the Earl Russell the causes and the circum- 
stances of the arrest and detention of Mr. Mure and his papers, adding the 
assurance that this government deeply regrets that it has become necessary; 
and that it will be very desirous to excuse the brief interruption of the cor- 
respondence of the British consul, if it is indeed innocent, and will endeavor, 
in that case, to render any further satisfaction which may be justly required. 
On the other hand, you will, in such terms as you shall find most suitable 
and proper, intimate that if the papers in question shall prove to be treason- 
able against the United States, I expect that they will be delivered up to you 
for the use of this government, and that her British Majesty's consul at Charles- 
ton will, in that case, be promptl}' made to feel the severe displeasure of the 



A2^NUAL MESSAGE OF THE PRESIDENT. 133 

government which employs him, since there can be no greater crime against 
society than a perversion by the agent of one government of the hospitality 
aiforded to him by another, to designs against its safety, dignity, and honor. 
^ I think it proper to say that I have apprised Lord Lyons of this transac- 
tion, and of the general character of this letter, while he is not in any way 
compromised b}^ any assent given to mj' proceedings, or by any opinion ex- 
pressed by him or asked from him. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Charles F. Adams, Esq., <£c., &c., &c. 



Mr. Seioard to BIr. Adams. 



No. 64.] Department of State, 

Washington, August IT, 1861. 

Sir : Among the letters found on the person of Eobert Mure, mentioned 
in my despatch Xo. 63, of this date, there are many which more or less 
directly implicate Mr. Robert Bunch, the British consul at Charleston, as a 
conspirator against the government of the United States. The following is 
an extract from one of them: 

" Mr. B., on oath of secrecy, communicated to me also that the Jirst step 
to recognition was taken. He and Mr. Belligny together sent Mr. Trescot 

to Richmond yesterday, to ask Jeff. Davis, president, to the treaty 

of to the neutral flag covering neutral goods to be respected. 

This is the first step of direct treating with our government, so prepare for 
active business by January 1." 

Yoii will submit this information to the British government, and request 
that Mr. Bunch may be removed from his office, saying that this government 
will grant an exequatur to any person who may be appointed to fill it, who 
will not pervert his functions to hostilities against the United States. 
I am, sir, I'espectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles F. Adams, Esq., Sc, &c., &c. 



Mr. Adams to Mr. Sexcard. 



No. 32.] Legation of the United States, 

London, August 23, 1861. 

Sir: I have the honor to transmit a copy of a note addressed to me by 
Lord Russell, transmitting to me a copy of a declaration which he proposes 
to make upon signing the convention, embodying the articles of the declara- 
tion of Paris, in conjunction with myself. 

I have waited to communicate with Mr. Dayton until I now learn from 
him that Mr. Thouvenel proposes to him a similar movement on the part of 
France. 

This proceeding is of so grave and novel a character as, in my opinion, to 
render further action unadvisable until I obtain further instructions ; and I 
find Mr. Dayton is of the same opinion on his side. I propose to address a 



134 ANNUAL MESSAGE OF THE PRESIDENT. 

letter to his lordship stating my reasons for declining' to proceed, as soon as* 
possible, Lut 1 fear I shall not have time to get it ready and a copy made in 
season for tlie present mail. I shall therefore postpone any further elucida- 
tion of my views until the next opportunity. I do so tlie more readily that 
I am informed by Mr. Dayton that you have ceased to consider the matter 
as one of any urgent importance. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 

Hon. WiLTjAii H. Seward, 

Secretary of State, Washington. 



Foreign Office, August 19, 1861. 

Sir: I have the honor to enclose a copy of a declaration which I propose 
to make upon signing the convention of which you gave me a draft embody 
ing the articles of the declaration of Paris. 

I propose to make the declaration in question in a written form, and to 
furnish you with a copy of it. 

You will observe that it is intended to prevent any misconception as to 
the nature of the engagement to be taken by her Majesty. 

If 3'ou have no objection to name a day in the course of this week for the 
signature of the convention, Mr. Dayton can on that day, and at the same 
time, sign with M. Thouvenel a convention identical with that which you 
propose to sign with me. 

I have the honor to be, with the highest consideration, sir, your most 
obedient, humble servant, 

RUSSELL. 

C. F. Adams, Esq., &c., &c., &€. 



Draft of Declaration. 



In affixing his signature to the convention of this day between her 
Majesty the Queen of Great Britain and Ireland and the United States of 
America, the Earl Russell declares, by order of her Majesty, that her 
Majesty does not intend thereby to undertake any engagement which shall 
have any bearing, direct or indirect, on the internal differences now pre- 
vailing in the United States. 



Mr. F. W. Seward to Mr. Adamn, 

No. ^4.] Department of State, 

Washington, August 27, 1861. 

Sir: Your despatch of August 8, No. 25, has been received. 

The account you have given us of the impression made by the reverse of 
our arms at Manassas does not surprise me. But there are to be very many 
fluctuations of opinion in Europe concerning our affairs before the Union 
will be in danger from anj' source. 



ANNUAL MESSAGE OP THE PRESIDENT. 135 

The insurgents are exhausting- themselves. We are invigorated even by 
disappointment. To-day the capital is beyond danger, and forces are accu- 
mulating and taking on the qualities wliich will render them invincible. 
The Union armies are preparing for movements which will, in a few weeks, 
remove the war from the present frontier. The blockade is effective, and is 
working out the best fruits. 

We do not at present depart from that policy, but we are preparing for 
any emergency in our foreign relations. 

The sentiment of disunion is losing its expansive force, and every day it 
grows weaker as a physical power. 

I am, sir, respectfully, your obedient servant, 

F. W. SEWARD, Assistant Secretary. 

Charles Francis Adajis, Esq., d:c., dx\, &c. 



Mr. Adams to Mr. Seward. 



No. 34.] Legation of the United States, 

London, August 30, 1861. 

Sir: It is not without regret that I am compelled to announce the failure 
of the negotiation which I am led, by the tenor of your despatches, Nos. 55 
and 58, to infer you considered almost sure to succeed. I have now the 
honor to transmit the copy of a note addressed by me to Lord Russell on the 
the 23d instant, assigning the reasons why I felt it my duty to take the re- 
sponsibility of declining to fix a day for signing the convention agreed upon 
between us, burdened, as it was to be, with a contemporaneous exposition of 
one of its provisions in the form of an outside declaration made by his lord- 
ship on behalf of her Majesty the Queen. I have gone so fully into the 
matter in that note as to render further explanation unnecessary. At the 
same time I take the liberty to observe that, in case the President should be 
of opinion that too much stress has been laid by me upon the objectionable 
character of that paper, an opening has been left by me for the resumption 
of the negotiation at any niDment under new instructions modifying my 
views. I transmitted to Mr. Dayton a copy for his information immediately 
after the original was sent. I have not received any later intelligence from 
him; but I do not doubt that he will forward to the department by this mail 
his representation of the state of the corresponding negotiation at Paris, so 
that the whole subject will be under your eye at the same moment. From 
the tenor of his last note to me, I was led to infer that M. Thouvenel con- 
templated a parallel proceeding in the conclusion of his negotiation, and 
that he regarded it there very much in the same light that I did here. 

From a review of the whole course of these proceedings I am led to infer 
the existence of some influence in the cabinet here adverse to the success of 
this negotiation. At the time of my last conference with Lord Russell I had 
every reason, from his manner, to believe that he considered the offer of the 
project as perfectly satisfactory. The suggestion of a qualification did not 
make its appearance until after the consultation with his colleagues, when 
it showed itself first in the enigmatical sentence of his note to me of the 
31st of July, of which, in my despatch No. 22 to the department, I confessed 
my inability to comprehend the meaning, and afterwards in the formal 
announcement contained in his note of the 19th of August. That the failure 
of the measure, by reason of it, could not liave been altogether unexpected I 



136 ANNUAL MESSAGE OF THE PRESIDENT. 

infer from Mr. Dayton's report to me of M. Thouvenel's language to him, to 
the effect that his government would prefer to lose the negotiation rather 
.than to omit making the exception. 

Although the matter is not altogether germane to the preceding, I will 
not close this despatch without calling your attention to the copy of a letter 
of Lord John Russell to Mr. Edwardes, which I transmit as cut from a 
London newspaper, The Globe. It purports to have been taken from par- 
liamentary papers just published, although I have not seen them, nor have 
I found it printed in any other newspaper. You will notice the date, the 
14th of May, being the very day of my first visit to his lordship in company 
with Mr. Dallas, when he did not see us, as well as of the publication of the 
Queen's proclamation. I have reason to believe that the original form of 
that proclamation described the parties in America in much the same terms 
used by his Lordship, and that they were only qualified at a very late 
moment, and after earnest remonstrance. The tone of the letter corresponds 
very much with that used to me, a report of which was transmitted in my 
despatch No. 8. 

I have the honor to be, sir, jouv obedient servant, 

CHARLES FRANCIS ADAMS. 

Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Legation of -the Uxited States, 

London, August 23, 1861. 

The undersigned, envoy extraordinary and minister plenipotentiary of the 
United States, has the honor to acknowledge the reception of the note of the 
19th instant, of Lord Russell, her Majesty's principal secretary of state for 
foreign affairs, covering the copy of a declaration which his lordship pro- 
poses to make upon signing the convention which has been agreed upon 
between her Majesty the Queen of Great Britain and Ireland, and the 
United States of America, embodying the articles of the declaration of 
Paris, and at the same time requesting him to name a day in the course of 
this week for the signature of the convention, in conjunction with a similar 
proceeding, to be arranged to take place at Paris, between Mr. Dayton and 
the minister of foreign affairs on the part of the French government. 

The first step rendered necessary by this proposal was that the under- 
signed should communicate with Mr. Dayton in order to know whether a 
similar declaration was contemplated on the part of the Emperor of the 
French, and in case it was, whether Mr. Dayton was still prepared to pro- 
ceed. Mr. Dayton's letter containing that information was received only 
yesterday, which fact, in conjunction with a brief absence of the under- 
signed, will account for the apparent delay in answering his lordship's note. 

In order perfectly to understand the position of the undersigned, it will 
be necessaiy briefly to recapitulate the particulars of this negotiation. But a 
few weeks after the accession of the President of the United States to office, 
his attention was turned to the state in which the negotiation on the subject 
of the four articles of the declaration of Paris had been left by his predecessor; 
and his disposition manifested itself to remove so far as he could the obsta- 
cles which had been interposed in the way of completing it. To that end, 
among the duties with which the undersigned was charged immediately 
upon his arrival at his post, was an instruction at once to make overtures to 
her Majesty's government for a revival of the negotiation here. And, in case 
• of the manifestation of a favorable disposition, he was further directed to 



ANNUAL MESSAGE OF THE PRESIDENT. 137 

offer a project of a convention, which he was properly empowered to sign, 
after satisfying himself that the incorporation of the amendment which had 
been proposed by Mr. Marcy for the government of the United States, at a 
former stage of the proceedings, was not attainable. 

On the eighteenth of May last, being the day of the first interview had 
with his lordship, the subject was only opened by the undersigned as one on 
which he had power to negotiate, and the disposition of her Majesty's gov- 
ernment to proceed liere was tested. It was then that he received a distinct 
impression from his lordship that the matter had been already committed to 
the care of Lord Lyons at Washington, with authority to agree with the 
government of the United States on the basis of the adoption of three of 
the articles, and the omission of the fourth altogether. Considering this to 
be equivalent to declining a negotiation here, and at the same time relieving 
him from a duty which would be better performed by his own government, 
the undersigned cheerfully acquiesced in this suggestion, and accordingly 
wrote home signifying his intention not to renew the subject unless again 
specifically instructed so to do. 

One month passed away, when the Secretary of State of the United States, 
after a conference with Lord Lyons, learning that his lordship did not con- 
firm the representation of the powers with which the undersigned had under- 
stood him to be clothed, and, so far from it, that he did not feel authorized 
to enter into any convention at all at Washington, directed the undersigned 
to inform the government in London of this fact, and to propose once more 
to enter into convention, if agreeable, here. 

Immediately upon the receipt of these instructions, the undersigned wrote 
a letter on the 11th of July, as his lordship may remember, reciting these 
facts and renewing the question whether a proposal of negotiation at this 
place would be acceptable to her Majesty's government. To this letter a 
favorable reply was received on the 13th, and an interview took place the 
same day, at which, after ascertaining that the amendment desired by his 
government would not be successful, the undersigned had the honor to pre- 
sent to his lordship the project in the same form in which it had been, nearly 
two months before, placed in his hands, and in which it has been since ac- 
cepted, and to offer a copy of his powers to negotiate. His lordship, after 
examining the former, remarked that he would take it for consultation with 
his colleagues, and in the meantime that there was no necessity for a copy 
of the powers. 

The next step in the negotiation was the receipt, by the undersigned, of 
a letter from his lordship, dated the 18th of July, calling bis attention to the 
fact that the declaration of Paris contemplated a concurrence of various 
powers, and not an insulated engagement of two powers only, and requiring 
an assurance that the United States were ready to enter into a similar en- 
gagement with France and with other maritime powers, parties to the 
declaration, and not vv-ith Great Britain alone. But, inasmuch as this process 
itself might involve the loss of much time, that her Majesty's government 
would deem themselves authorized to advise the Queen to conclude a con- 
vention with the President of the United States so soon as they should have 
been informed that a similar convention has been agreed upon between the 
President and the Emperor of the French. 

Upon receiving this reply the undersigned, not unwilling to do everything 
within his power to forward an object considered by him of the greatest 
value, immediately opened a correspondence with Mr. Dayton, the represen- 
tative of the United States at Paris, to learn from him whether such an 
arrangement as that contemplated in his lordship's note could not be at once 
carried out by him. With some reluctance Mr. Dayton consented to promote 
it, but only upon the production of evidence satisfactory to his own mi-nd 



loo ANNUAL MESSAGE OF THE PRESIDENT. 

that the amendment originally proposed by Mr. Marcy was not attainable. 
The undersigned then addressed himself to his lordship, and with entire 
succes^ The evidence was obtained, Mr. Dayton acted with success, and 
no further difficulties then seemed to be in the way of a speedy and simul- 
taneous affirmation of concurrence in the principles of the declaration of 
Paris by the United States, in conjunction with the other powers. 

The public law thus declared to be established, embraced four general 
propositions, to wit: 

1. Privateering is abolished. 

2. The neutral flag covers enemy's goods, except contraband of war. 

3. Neutral goods safe under an enemy's flag, with the same exception. 

4. Blockades, to be binding, must be effective. 

The government of the United States, in proposing to join in the estab- 
lishment of these principles, are believed by the undersigned to be acting 
with the single purpose of aiding to establish a permanent doctrine for all 
time. Convinced of the value of it in ameliorating the horrors of warfare 
all over the globe, they have, perhaps against their notions of their imme- 
diate interest, consented to waive temporary considerations of expediency 
for the attainment of a great ultimate good. They are at last prepared to 
sign and seal an engagement pure and simple, and by so doing to sacrifice 
the hope of attaining, at least for the present, an improvement of it to 
which they have always attached great value. But just at the moment 
when their concurrence with the views of the other maritime powers of the 
world would seem to be certain, they are met with a proposition from one, 
if not more, of the parties, to accompany the act with a proceeding somewhat 
novel and anomalous in this case, being the presentation of a written decla- 
ration, not making a part of the convention itself, but intended to follow 
the signature, to the effect that "her Majesty does not intend thereby to 
undertake any engagement whiclx shall have any bearing, direct or indirect, 
on the internal differences novi^ prevailing in the United States." 

Obviously a consent to accept a particular exception, susceptible of so 
wide a construction of a joint instrument, made by one of the parties to it 
in its own favor at the time of signing, would justify the idea that some 
advantage is, or may be suspected to be, intended to be taken by the other. 
The natural effect of such an accompaniment would seem to be to imply 
that the goverment of the United States might be desirous, at this time, to 
take a part in the declaration, not from any high purpose or durable policy, 
but with the view of securing some small temporary object in the unhappy 
struggle which is going on at home. Such an inference would spoil all the 
value that might be attached to the act itself. The mere toleration of it would 
seem to be equivalent to a confession of their own weakness. Rather than 
that such a record should be made, it were a thousand times better that the 
declaration remain unsigned forever. If the parties to the instrument are not 
to sign it upon terms of perfect reciprocity, with all their duties and obliga- 
tions under it perfectly equal, and without equivocation or reservation of 
any kind, on any side, then is it plain that the proper season for such an 
engagement has not j'^et arrived. It were much wiser to put it off until 
nations can understand each other better. 

There is another reason whj?^ the undersigned cannot at this moment con- 
sent to proceed under the powers conferred on him to complete this negotia- 
tion when clogged with such a declaration, which is drawn from the peculiar 
construction of the government of his own country. By the terms of the 
Constitution, every treaty negotiated by the President of the United States 
must, before it i's ratified, be submitted to the consideration of the Senate of 
the United States. The question immediately arises in this case, what is to 
be done with a declaration like that which his lordship proposes to make. 



ANNUAL MESSAGE OF THE PRESIDENT. 139 

Is it a part of the treaty, or is it not ? If it be, then is the undersig-ned 
exceeding- his instructions in signing- it, for the paper made no part of the 
project which he was directed to propose ; and in case he should sign, the 
addition must be submitted to the Senate for its advice and consent, together 
with the paper itself. If it be not, what advantage can the party making 
the declaration expect from it in modifying the construction of the project, 
when the Senate have never had it before them for their approval ? It either 
changes the treaty or it does not. If it does, then the question arises, why 
did not the undersigned procure it to be incorporated into it? On the other 
hand, if it do not, Avhy did he connive at the appearance of a desire to do it 
without efiecting the object? 

The undersigned has ever been desirous of maintaining and perpetuating 
the most friendly relations between her Majesty's kingdom and the United 
States, and he continues to act in the same spirit when he deprecates the sub- 
mission of any project clogged with a similar exception to the consideration 
of the Senate of the United States. He has reason to believe that already a 
strong disinclination exists in that bod}^ to the acceptance of .the first of the 
four propositions embraced in the declaration itself, and that mainl}^ because 
it is esteemed to be too much of a concession to the great maritime powers. 
Were he now to consent, without further instructions, to accept a qualifica- 
tion which would scarcely fail to be regarded by many unfavorably disposed 
persons as more or less directly an insult to the nation in its present dis- 
tress, he should deem himself as incurring the hazard of bringing on difficul- 
ties which be professes an earnest wish to avoid. 

For the reasons thus given the undersigned has reluctantly come to the 
conclusion to decline to fix a day for proceeding in the negotiation under its 
present aspect, at least until he shall have been able to submit the whole 
question once more to the judgment of the authorities under which he has 
the honor to act. 

A copy of this letter will also be forwarded to Mr. Dayton for his informa- 
tion. 

The undersigned prays Lord Russell to receive the assurances of the most 
distinguished consideration with which he is his obedient servant. 

CHARLES FRANCIS ADAMS. 

Right Hon. Earl Russell, Sc, &c., &c. 



Lord Russell to Mr. Edicards. 



Foreign Office, 3Iay 14, 1861. 

It is for the Spanish government to weigh in the balance of their judgment 
the advantages and inconveniences which maj^ arise from the annexation of 
the territory of the Dominican state to the dominions of Spain; and any 
opinion which her Majesty's government may form on the subject can be 
founded on no other consideration than a regard for what they may look 
upon as the real and permanent interests of Spain. 

Her Majesty's government would, no doubt, have felt a strong and decided 
dissatisfaction at the proposed annexation if it had been likely to lead to the 
introduction of slavery into a community which is free from the taint of that 
pernicious institution; but the formal and repeated declarations of Marshal 
O'Donnell, that under no circumstances will slavery be introduced into the 
Dominican territory, have removed the main cause which would have led her 



140 . ANNUAL MESSAGE OF THE PRESIDENT. 

Majesty's government to view the proposed annexation with dislike and re- 
pugnance. 

Her Majesty's government certainly apprehended, when first this projected 
annexation was talked of, that it might, if carried into execution, involve 
Spain in unfriendly discussions, if not in conflict, either with France or with 
the United States, or with both. With regard to France, her Majesty's gov- 
ernment have not learned that the French government has expressed any 
positive objection to the proposed arrangement, although she may not think 
it advantageous to Spain. It appears, also, from what has been stated to 
you, that there is no probability at present of any positive resistance to the 
measure, either by the northern or the southern confederation of North 
America. But the Spanish government should not too confidently rely on the 
permanent continuance of this indifference or acquiescence on the part of the 
North Americans; and it is not impossible that when the civil war which is 
now breaking out shall have been brought to an end, an event which may 
happen sooner than at present appears likely, both the north and the south 
might combine to make the occupation of the Dominican territory by Spain 
the cause of serious difference between the North American governments 
and that of Spain. 

Her Majesty's government do not deny that Great Britain, as a power 
naturally inclined to peace, and systematically addicted to commerce, must 
always view a war between any two powers as an event not only at variance 
with her principles, but to a certain degree injurious to her interests. But 
with respect to Spain, tlie motives of the British government spring from far 
higher sources. Great Britain and Spain have for long periods of time, and 
in circumstances of high moment to each, been faithful and active allies; 
their alliance has been greatly useful and eminently honorable to both. It 
is a fundamental maxim of British policy to wish well to Spain, and earnestly 
to desire her welfare and prosperity; and therefore any combination of events 
which might at any time involve the possibility of Spain being engaged in a 
conflict which, from local circumstances and disadvantages, might be in the 
end seriously injurious to her rule over her ancient possessions, would be 
viewed by her Majesty's government with lively apprehension and sincere 
regret. 



Mr. Seward to 3Ir. Adams. 



[Extracts.] 

No. 18.] Department of State, 

Washington, September 2, 1861. 

Sir: Your despatch of the 16th of August, number 29, has been received. 

Steadily for the period of four months our forces have been coming into 
the field at the rate of two thousand a day, and the same augmentation Avill 
go on nearly at the same rate until 500,000 men will be found in the service. 
Our supplies of arms are running low. 

My despatch. No. 42, acknowledged by you in the paper before me, was 
written, as you will see by its date, July 21, during the progress of the 
battle at Bull Run, though sent a few days afterwards. From this fact you 
will see that our policy and our claims upon the government of Great Britain 
are not afiected by the caprices of military fortune. 

We have now reached a new and important stage in the war. The enenay 



AJraUAL MESSAGE OF THE PRESIDENT. 141 

is directl}'' before us, invig-orated and inspirited by a victory, which it is not 
the part of wisdom for us to undervalue. But that victory has brought with 
it the necessity for renewed and decisive action with proportionate results. 
The demoralization of our forces has passed away. I have already stated 
that they are increasing in numbers. You will learn through other channels 
that they are equally perfecting themselves in discipline. Commander 
Stringham and General Butler's success at Hatteras was not merely a bril- 
liant affair. It brings nearly the whole coast of Nortli Carolina under the 
surveillance of our blockade. * * * * * * 

I shall be entirely satisfied with the exercise of your own discretion as to 
the time and form j'ou may choose for making the explanations to the British 
government on those subjects with which you are charged, and I regard the 
condition of things in that respect, as you have reported it to me, as, imder 
the circumstances, quite satisfactory. No change of policy in regard to the 
blockade has been adopted since my former despatches. 

I can well enough imagine that your position has been made a trying one 
by the exultations -.of enemies o^ our country and its institutions over the 
disaster of the 21st of July. But you will be able to comprehend what they 
6'annot, that faction ripens fast, whence its necessities impel to action which 
exhausts its energies. Loyalty in any free country organizes less rapidly 
and gains strength from time and even from reverses. The previous success 
of this government is a sufficient guaranty of the safety of our cause, and is 
a fact too important to be misunderstood in the political circle in which you 
are moving. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., ttc, £c., &c. 



Mr. Seward to Mr. Adams. 



No. 83.] Department of State, 

Washington, September t, 1861. 

Sir: I have received your despatch of August 23, number 32. It is ac- 
companied by a note which was addressed to you by Lord Russell on the 
19th of the same month, and a paper containing the form of an official decla- 
ration which he proposes to make on the part of her Majest}'' on the occa- 
sion of affixing his signature to the projected convention between the United 
States and Great Britain for the accession of the former power to the articles 
of the declaration of the congress of Paris for the melioration of the rigor of 
international law in regard to neutrals in maritime war. The instrument 
thus submitted to us by Lord Russell is in the following words: "Draft of 
declaration. — In affixing his signature to the convention of this day, between 
her Majesty the Queen of Great Britain and Ireland and the United States of 
America, the Earl Russell declares, by order of her Majesty, that her Majesty 
does not intend thereby to undertake any engagement which shall have any 
bearing, direct or indirect, on the internal differences now prevailing in the 
United States." 

Lord Russell, in his note to you, explains the object of the instrument by 
saying that it is intended to prevent any misconception as to the nature of 
the engagement to be taken by her Majesty. 

You have judged very rightly in considering this proceeding, on the part 
of the British government, as one so grave and so novel in its character as 
to render further action on your part in regard to the projected convention 
inadmissible until you shall have special instructions from this department. 



142 ANNUAL MESSAGE OF THE PRESIDENT. 

Long before the present communication can reach j'ou, my instructions of 
August n, No. 61, will have come to your hands. That paper directed 
you to ask Lord Russell to explain a passage in a note written to you, and 
then lying before me, in which he said: " I need scarcety add that on the 
part of Great Britain the engagement (to be contained in the projected con- 
vention) will be prospective, and will not invalidate anything already done;" 
which explanation I stated would be expected as a preliminary before you 
could proceed further in the transaction. 

You have thus been already' prepared for the information that your 
resolution to await special instructions in the present emergency is approved. 

I feel myself at liberty, perhaps bound, to assume that Lord Russell's pro- 
posed declaration, which I have herein recited, will have been already re- 
garded, as well by him as by yourself, as sufficiently answering the request 
for preliminary explanations v/hich yoii were instructed to make. 

I may, therefore, assume that the case is fully before me, and that the 
question whether this government will consent to enter into the projected 
treaty with Great Britain, subject to the condition of admitting the simulta- 
neous declaration on her Majesty's part, proposed by Lord Russell, is ready 
to be decided. 

I am instructed by the President to say that the proposed declaration is 
inadmissible. 

It would be virtually a new and distinct article incorporated into the pro- 
jected convention. To admit such a new article would, for the first time in 
the history of the United States, be to permit a foreign power to take cogni- 
zance of and adjust its relations upon assumed internal and purely domestic 
diiTerences existing within our own country. 

This broad consideration supersedes any necessity for considering in what 
manner or in what degree the projected convention, if completed either sub- 
ject to the explanation proposed or not, would bear directlj^ or indirectly on 
the internal diiferenccs which the British government assume to bo prevail- 
ing in the United States. 

I do not enlarge upon this branch of the subject. It is enough to say that 
the view thus adopted by the President seems to be in harmony equally with 
a prudent regard to the safet}' of the republic and a just sense of its honor 
and dignity. 

The proposed declaration is inadmissible, among other reasons, because it is 
not mutual. It proposes a special rule by which her Majesty's obligations shall 
be meliorated in their bearing upon internal difficulties now prevailing in the 
United States, while the obligations to be assumed by the United States shall 
not be similarly meliorated or at all affected in their bearing on internal 
difierences that may now be prevailing, or may hereafter arise and prevail, 
in Great Britain. 

It is inadmissible, because it would be a substantial and even a radical 
departure from the declaration of the congress at Paris. That declaration 
makes no exception in favor of any of the parties to it in regard to the 
bearing of their obligations upon internal differences which may prevail in 
the territories or dominions of other parties. 

The declaration of the congress of Paris is the joint act of forty-six great 
and enlightened powers, designing to alleviate the evils of maritime war, 
and promote the first interest of humanity, which is peace. The government 
of Great Britain will not, I am sure, expect us to accede to this noble act 
otherwise than upon the same equal footing upon which all the other parties 
to it are standing. We could not consent to accede to the declaration with 
a modification of its terms unles.s all the present parties to it should stipu- 
late that the modification should be adopted as one of universal application. 
The British government cannot but know that there would be little pros- 



ANNUAL MESSAGE OF THE TRESIDENT. 143 

pect of an entire reformation of the declaration of Paris at the present time, 
and it has not even told us that it would accept the modification as a general 
one if it were proposed. 

It results that the United States must accede to the declaration of the 
congress of Paris on the same terms with all the other parties to it, or that 
they do not accede to it at all. 

You will present these considerations to Lord Russell, not as arguments 
why the British government ought to recede from the position it has 
assumed, but as the grounds upon which the United States decline to enter 
into the projected convention recognizing that exceptional position of her 
Majesty. 

if, therefore, her Britannic Majesty's government shall adhere to the 
proposition thus disallowed, you will inform Lord Russell that the negotia- 
tion must for the present be suspended. 

I forbear purposelj' from a review of the past correspondence, to ascertain 
the relative responsibilities of the parties for this failure of negotiations, from 
which I had hoped results would flow beneficial, not only to the two nations, 
but to the whole world — beneficial, not in the present age only, but in future 
ages. 

It is my desire that we may withdraw from the subject carrying away no 
feelings of passion, prejudice, or jealousy, so that in some happier time it 
ma}^ be resumed, and the important objects of the proposed convention may 
be fully secured. I believe that that propitious time is even now not distant; 
and I Avill hope that when it comes Great Britain will not only willingly and 
unconditionally accept the adhesion of the U^nited States to all the benignant 
articles of the declaration of the congress of Paris, but will even go further, 
and, relinquishing her present objections, consent, as the United States have - 
so constantly invited, that the private property, not contraband, of citizens 
and subjects of nations in collision shall be exempted from confiscation 
equally in warfare waged on the land and in warfare waged upon the seas, 
which are the common highways of all nations. 

Regarding this negotiation as at an end, the question arises, what, then, 
are to be the views and policy of the United States in regard to the rights 
of neutrals in maritime war in the present case. My previous despatches 
leave no uncertainty upon this point. We regard Great Britain as a friend. 
Her Majesty's flag-, according to our traditional principles, covers enemy's 
goods not contraband of war. Goods of her Majesty's subjects, not contra- 
band of war, are exempt from confiscation though found under a neutral or 
disloyal flag. No depredations shall be committed by our naval forces or 
by those of any of our citizens, so far as we can prevent it, upon the vessels 
or property of British subjects. Our blockade, being effective, must be 
respected. 

The unfortunate failure of our negotiations to amend the law of nations in 
regard to maritime war does not make us enemies, although, if they had been 
successful, we should have perhaps been more assured friends. 

Civil war is a calamity from which certainly no people or nation that has 
ever existed has been always exempt. It is one which probably no nation 
ever will escape. Perhaps its most injurious trait is its tendency to subvert 
the good understanding and break up the relations existing between the dis- 
tracted state and friendl}' nations, and to involve them, sooner or later, in 
war. It is the desire of the United States that the internal difierences 
existing in this country may be confined within our own borders. I do not 
sufter myself for a moment to doubt that Great Britain has a desire that we 
may be successful in attaining that object, and that she looks with dread 
upon the possibility of being herself drawn into this unhappy internal con- 
troversy of our own. I do not think it can bo regarded as disrespectful if 
you should remind Lord Russell that when, in 1838, a civil war broke out in 



144 ANNUAL MESSAGE OF THE PRESIDENT. 

Canada, a part of the British dominions adjacent to the United States, the 
Congress of the United States passed and the President executed a law 
which effectually prevented any intervention against the government of 
Great Britain in those internal differences by American citizens, whatever 
might be their motives, real or pretended, whether of interest or sympathy. 
I send you a copy of that enactment. The British government will judge 
for itself whether it is suggestive of any measures on the part of Great 
Britain that might tend to preserve the peace of the two countries, and. 
through that way, the peace of all nations. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD 
Charles Fkancis Adams, Esq., d-c, &c., &c. 



Mr. Adams to Mr. Seward. 
[Extracts.] 



No. 39.] ■ ' Legation of the United States, 

London, September 1, 1861. 

Sir: I have the honor to acknowledge the reception of despatches from 
the department, numbered from 61 to 67, both inclusive. 

Since the date of your No. 61, of the 1*1 th of August, you will have learned 
ere this that the enigmatical extract from Lord Russell's note to me, of 
which you instructed me to ask an explanation, has taken a very distinct 
and unequivocal shape, superseding all necessity for further inquiry. I 
may take occasion to remark upon the similarity of some of the reasoning 
in your despatch with that which you will find already made use of in my 
letter to his lordsliip, of the 23d August, declining to conclude the negotia- 
tion. On the whole, it seems to me that it is perhaps as well to let it stay 
for the present in the situation in which her Majesty's ministers have placed 
it. But in this I remain to be directed at the pleasure of the President. 

In this connexion I have the honor to transmit a copy of Lord Russell's 

note of the 28th of August, in reply to mine of the 23d of that month to him, 

already referred to in the preceding paragraph. I likewise send a copy of 

his instructions to Lord Lyons, which he seems to have furnished to me as 

an evidence of his good faith in the representation he made of tliem to me 

at the conference. 

******** 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Wa.'ihington, D. G. 



Foreign Office, August 28, 1861. 

The undersigned, her Majesty's principal secretary of state for foreign 
affairs, has had the honor to receive the note, of the 23d instant, of Mr. 
Adams, envoy extraoi-dinary and minister plenipotentiary of the United 
States. 

Mr. Adams has accounted satisfactorily for the delay in answering the 
note of the undersigned of the 19th instant. Her Majesty's government 
m all these transactions has acted in concert with the government of the 



ANNUAL MESSAGE OF THE PEESIDENT. 145 

Emperor of the French, and the uudersig'ncd cannot be surprised that Mr. 
Adams should wish to communicate with Mr. Dayton, at Paris, before re- 
plying- to his note. 

The undersigned is quite prepared, following Mr. Adams, to recapitulate 
the particulars of this neg-otiation, and he is happy to think that in matters 
of fact there is no ground for any controversy between them. He need only 
supply omissions. 

Mr. Adams, at his first interview with the undersigned, on the 18th of 
May last, mentioned the subject of the declaration of Paris as one on which 
he had power to negotiate, and the undersigned then told him that the mat- 
ter had been already committed to the care of Lord Lyons, at Washington, 
with authority to agree with the government of the United States on the 
basis of the adoption of three of the articles and the omission of the first, 
being that relating to privateering. So far, the statement of Mr. Adams 
agrees substantially with that which is here made. But the representation 
of the undersigned was strictly accurate, and in faith of it he subjoins the 
despatch by which Lord Lyons was authorized to negotiate on the basis of 
the three latter articles of the declaration of Paris. Lord Lyons, however, 
was not empowered to sign a convention, because that form had not been 
adopted by the powers who originally signed the declaration, nor by any of 
the numerous states which afterwards gave their adherence to its articles. 
At a later period, when Mr. Adams brought a copy of his full powers to 
the foreign office, the undersigned asked why the adherence of the United 
States should not be given in the same form as that of other powers, and he 
was told, in reply, that as the Constitution of the United States required the 
consent of the Senate to any agreement with foreign powers, that agreement 
must necessarily, or at least would most conveniently, be made in the 
shape of a convention. 

The undersigned jaelded to this argument, and proposed to the govern- 
ment of the Emperor of the French, with which her Majesty's government 
have been acting throughout in complete agreement, to concur likewise in 
this departure from the form in which the declaration of Paris had been 
adopted by the maritime powers of Europe. 

But the British government could not sign the convention proposed by 
the United States as an act of Great Britain singly and alone, and they 
found to their surprise that in case of France and of some of the other Euro- 
pean powers the addition of Mr. Marcy relating to private property at sea 
had been proposed by the ministers of the United States at the courts of 
those powers. 

The undersigned concurs in the statement made by Mr. Adams respect- 
ing the transactions which followed. Her Majesty's government, like Mr. 
Adams, wished to establish a doctrine for all time, with a view to lessen 
the horrors of war all over the globe. The instructions sent to Lord Lyons 
prove the sincerity of their wish to give permanence and fixity of principles 
to this part of the law of nations. 

The undersigned has now arrived at that part of the subject upon which 
the negotiation is interrupted. 

The undersigned has notified Mr. Adams his intention to accompany his 
signature of the proposed convention with a declaration to the efl'ect that 
her Majesty "does not intend thereby to undertake any engagement which 
shall have any bearing, direct or indirect, on the internal differences now 
prevailing in the United States." 

The reasons for tliis course can be easily explained. On some recent 
occasions, as on the fulfilment of the treaty of 1846, respecting the boundary, 
and with respect to tiie treaty called by the name of the "Clayton-Bulwer 

Ex. Doc. 1 10 



146 ANNUAL MESSAGE OF THE PEESIDENT. ' 

treaty," serious difiFerences have arisen with regard to the precise meaniog 
of words, and the intention of those who framed them. 

It was most desirable in framing a new agreement not to give rise to a 
fresh dispute. 

But the different attitude of Great Britain and of the United States in 
regard to the internal dissensions now unhappily prevailing in the United 
States gave warning that such a dispute might arise out of the proposed 
convention. 

Her Majesty's government, upon receiving intelligence that the President 
had declared by proclamation his intention to blockade the ports of nine of 
the States of the Union, and that Mr. Davis, speaking in the name of those 
nine States, had declared his intention to issue letters of marque and repri- 
sals; and having also received certain information of the design of both 
sides to arm, had come to the conclusion that civil war existed in America, 
and her Majesty had thereupon proclaimed her neutrality in the approach- 
ing contest. 

The government of the United States, on the other hand, spoke only of 
unlawful combinations, and designated those concerned in them as rebels 
and pirates. It would follow logically and consistently, from the attitude 
taken by her Majesty's government, that the so-called Confederate States, 
being acknowledged as a belligerent, might, by the law of nations, arm 
privateers, and that their privateers must be regarded as the armed vessels 
of a belligerent. 

With equal logic and consistency it would follow, from the position taken 
by the United States, that the privateers of the southern States might be 
decreed to be pirates, and it might be further argued by the government of 
the United States that a European power signing a convention with the 
United States, declaring that privateering was and remains abolished, 
would be bound to treat the privateers of the so-called Confederate States 
as pirates. 

Hence, instead of an agreement, charges of bad faith and violation of a 
convention might be brought in the United States against the power sign- 
ing such a convention, and treating the privateers of the so-called Confed- 
erate States as those of a belligerent power. 

The undersigned ha'd at first intended to make verbally the declaration 
proposed. Bi^t he considered it would be more clear, more open, more fair 
to Mr. Adams to put the declaration in writing, and give notice of it to Mr. 
Adams before signing the convention. 

The undersigned will not now reply to the reasons given by Mr. Adams 
for not signing the convention if accompanied by the proposed declaration. 
Her Majesty's government wish the question to be fairly weighed by the 
United States government. The undersigned, like Mr. Adams, wishes to 
maintain and perpetuate the most friendly relations between her Majesty's 
kingdom and the United States. It is in this spirit that her Majesty's 
government decline to bind themselves without a clear explanation on their 
part to a convention which, seemingly confined to an adoption of the dec- 
laration of Paris of 1856, might be construed as an engagement to interfere 
in the unhappy dissensions now prevailing in the United States — an inter- 
ference which would be contrary to her Majesty's public declarations, and 
would be a reversal of the policy which her Majesty has deliberately sanc- 
tioned. 

The rndersigned requests Mr. Adams to accept the assurance of his 
highest consideration. 

KUSSELL. 
' C, F. Adams, Esq., &c., &c., &c. 



ANNUAL MESSAGE OF THE PEESIDENT. 147 

No. 136.] Foreign Office, May 18, 1861. 

Mt Lord: Her Majesty's government deeply lament the outbreak of hos- 
tilities in North America, and they would gladly lend their aid to the res- 
toration of peace. 

You are instructed, therefore, in case you should be asked to employ your 
good oflSces either singly or in conjunction with the representatives of other 
powers, to give your assistance in promoting the work of reconciliation.' 
But as it is most probable, especially after a recent letter of Mr. Seward, 
that foreign advice is not likely to be accepted, you will refrain from offering 
it unasked. Such being the case, and supposing the contest not to be at 
once ended by signal success on one side or by the return of friendly feeling 
between the two contending parties, her Majesty's government have to 
consider what will be the position of Great Britain as a neutral between 
the two belligerents. 

So far as the position of Great Britain in this respect toward the European 
powers is concerned, that position has been greatly modified by the decla- 
ration of Paris of April 16, 1856. That declaration was signed by the 
ministers of Austria, France, Great Britain, Prussia, Russia, Sardinia, and 
Turkey. 

The motives for making that declaration, and for agreeing to the articles 
of maratime law which it proposes to introduce with a view to the establish- 
ment of a "uniform doctrine" and "fixed principles,'' are thus shortly 
enumerated in the declaration: 

" Considering that maritime law in time of war has long been the subject 
of deplorable disputes; 

" That the uncertainty of the law and of the duties in such a matter gives 
rise to differences of opinion between neutrals and belligerents which ma 
occasion serious difficulties and even conflicts; 

" That it is consequently advantageous to establish a uniform doctrine on 
so important a point; 

" That the plenipotentiaries assembled in congress at Paris cannot better 
respond to the intentions by which their governments are animated than b}'- 
seeking to introduce into international relations fixed principles in this re- 
spect — 

"The above-mentioned plenipotentiaries, being duly authorized, resolved to 
concert among themselves as to the means of attaining this object, and 
having come to an agreement have adopted the following solemn declara- 
tion:" 

1st. Privateering is and remains abolished. 

2d. The neutral flag covers enemy's goods, with the exception of contra- 
band of war. 

3d. Neutral's goods, with the exception of contraband of war, are not liable 
to capture under enemj^'s flag. 

4th. Blockades, in order to be binding, must be eflbctive — that is to say, main- 
tained by a force sufficient really to prevent access to the coast of the enemy. 

The powers signing the declarAtion engaged to bring it to the knowledge 
of the states which had not taken part in the congress of Paris, and to in- 
vite those states to accede to it. They finally agreed that " the present dec- 
laration is not and shall not be binding, except between those powers who 
have acceded or shall accede to it." 

The powers which acceded to the declaration are Baden, Bavaria, Belgium, 
Bremen, Brazil, Duchy of Brunswick, Chili, the Argentine Confederation, the 
Germanic Confederation, Denmark, the Two Sicilies, the Republic of the 
Equator, the Roman States, Greece, Guatemala, Hayti, Hamburg, Hanover, 
the Two Hesses, Lubeck, Mecklenburg Sti'elitz, Mecklenburg Schwerin, Nas- 



148 ANNUAL MESSAGE OF THE PEESIDENT. 

sau, Oldenburg, Parma, Holland, Peru, Portug-al, Saxony, Baxe Attenburg, 
Saxe Coburg Gotha, Saxe Meiningen, Saxe Weimer, Sweden, Switzerland, 
Tuscany, Wurtemburg, Anhalt Dessau, Modena, New Grenada, and Maguay. 

Mr. Secretary Marcy, in acknowledging, on the 28th of July, 1856, the 
communication of the declaration of Paris made to the government of the 
United States b}^ the Count de Sartiges, proposed to add to the first article 
thereof the following words : "and that the private property of the subjects 
or citizens of a belligerent on the high seas shall be exempted from seizure 
by public armed vessels of the other belligerents, except it be contraband ;" 
and Mr. Marcy expressed the willingness of the government of the United 
States to adopt the clause so amended, together with the other three prin- 
ciples contained in the declaration. 

Mr. Marcy also stated that he was directed to communicate the approval 
of the President of the second, third, and fourth propositions, independently 
of the first, should the proposed amendment of the first article be unaccept- 
able. 

The United States minister in London, on the 24th of February, 1857, 
renewed the proposal in regard to the first article, and submitted a draft of 
convention, in which the article so amended would be embodied with the 
other three, articles. But, before any decision was taken on this proposal, a 
change took place in the American government by the election of a new 
President of the United States, and Mr. Dallas announced, on the 25th of 
April, 1857, that he was directed to suspend negotiations on the subject ; 
up to the present time those negotiations have not been renewed. 

The consequence is, that the United States remaining outside the pro- 
visions of the declaration of Paris, the uncertainty of the law and of inter- 
national duties with regard to such matters may give rise to difi'erences of 
opiniom between neutrals and belligerents which may occasion serious diffi- 
culties and even conflicts. 

It is witVi a view to remove beforehand such " difficulties," and to prevent 
such " conflicts," that I now address^you. 

For this purpose I proceed to remark on the four articles, beginning, not 
with the first, btvt with the last 

In a letter to fi^e Earl of Clarendon of the 24th of February, 1857, Mr. 
Dallas, the minister of the United States, while submitting the draft of a 
new convention, expla'ms the views of the government of the United States 
on the four articles. 

In reference to the last ?.rticle, he says: "The fourth of those principles, re- 
specting blockades, had, it is believed, long since become a fixed rule of the 
law of war." 

There can be no difference of opinion, therefore, with regard to the fourth 
article. 

With respect to the third article, the principle laid down in it has long 
been recognized as law, both in Great Britain and in the United States. In- 
deed this part of the law is stated by Chancellor Kent to be uniform in the 
two countries. 

With respect to the second article, Mr. Dallas says, in the letter before 
quoted: "About two years prior to the meeting of congress at Paris, nego- 
tiations had been originated and were in train with the maritime nations 
for the adoption of the second and third propositions substantially as enu- 
merated in the declaration." 

The United States have therefore no objection in principle to the second 
proposition. 

Indeed her Majesty's government have to remark that this principle is 
adopted in the treaties between the United States and Russia of the 22d of 
July, 1854, and was sanctioned by the United States in the earliest period 



AJSTNUAL MESSAGE OF THE PEESIDENT. 149 

of the history of their independence by their accession to the armed neu- 
trality. 

With Great Britain the case has been different. She formerly contended 
for the opposite principles as the established rule of the law of nations. 

.But having, in 1856, upon full consideration, determined to depart from 
that rule, she means to adhere to the principle she then adopted. The 
United States, who have always desired this change, can, it may be pre- 
sumed, have no difficult}^ in assenting to the principle set forth in the second 
article of the declaration of Paris. 

There remains only to be considered the first article, namely, that relating 
to privateering, from which the government of the United States withhold 
their assent. Under these circumstances it is expedient to consider what is 
required on this subject by the general law of nations. Now, it must be 
borne in mind that privateers bearing the flag of one or other of the bellige- 
rents may be manned by lawless and abandoned men, who may commit, for 
the sake of plunder, the most destructive and sanguinary outrages. 

There can be no question but that the commander and crew of the ship 
bearing a letter of marque must, by law of nations, carry on their hostilities 
according to the established laws of war. Her Majesty's government must, 
therefore, hold any government issuing such letters of marque responsible 
for, and liable to make good, any losses sustained by her Majesty's subjects 
in consequence of wrongful proceeding of vessels sailing under such letters 
of marque. 

In this way the object of the declaration of Paris may, to a certain ex- 
tent, be attained without the adoption of any new principle. 

You will urge these views upon Mr. Seward. 

The proposals of her Majesty's government are made with a view to limit 
and restrain that destruction of property and that interruption of trade 
which must, in a greater or less degree, be the inevitable consequence of 
the present hostilities. Her Majesty's government expect that these pro- 
posals will be received by the United States government in a friendly spirit. 
If such shall be the case, you will endeavor (in concert with M. Mercier) to 
come to an agreement on the subject binding France, Great Britain, and the 
United States. 

If these proposals should, however, be rejected, her Majesty's government 
will consider what other steps should be taken with a view to protect from 
■wrong and injury the trade and the property and persons of British subjects. 

I am, &c., &c., &c., 



The Lord Lyoxs. 



J. RUSSELL. 



3Ir. Adams to Mr. Seward. 



No. 41.] t Legation of the United States, 

London, Sejytember 9, 1861. 
Sir: I have the honor to acknowledge the reception at the hands of your 
messenger. Captain Schultz, of a bag purporting to contain public despatches 
from Mr. Piobert Bunch, the consul at Charleston, to Lord Paissell, the head 
of the foreign office in London. In conformity with the instructions con- 
tained in your No. 63, dated the 17th of August, I immediately addressed a 
note to Lord Rnssull, explanatory of the reasons why such a bag was re- 
ceived through this channel, a copy of which is herewith transmitted. In it 
you will perceive that I have endeavored to adhere as closely as possible to 



150 ANNUAL MESSAGE OF THE PRESIDENT. 

the language of your coramunication to me. At the same time, in obedience 
to the directions contained in your No. 64, dated the Hth of August, I 
addressed another note to his lordship stating the grounds of dissatisfaction 
felt by the President with the conduct of Mr. Bunch, and requesting his 
removal. A copy of this note is likewise appended to the present despatch. 
These two notes, together with the bag in exactly the same condition in 
which I received it from Captain Schultz, I directed my assistant secretary, 
Mr. Benjamin Moran, to take with him to the foreign office, and there to 
deliver into the hands of his lordship if present, or, if absent from town, into 
those of one of her Majesty's under secretaries of state for foreign affairs. 
Accordingly, on the afternoon of Tuesday, the 4th instant, at about quarter 
past three o'clock, as Mr. Moran reports to me, he went to the foreign office, 
and finding Lord Russell to be absent from town, he delivered the bag and 
the notes into the hands of Mr. Layard, one of the under secretaries. Since 
that time I have had no reply from his lordship, although I received on 
Saturday last two notes from him on matters of minor consequence. I had 
hoped to send something by Captain Schultz, who returns in the Great 
Eastern, and I shall yet do so if it should come before the bag closes. I 
have consented to the departure of Captain Schultz, mainly because Mr. 
Dayton has expressed a great desire that he should take charge of his de- 
spatches as soon as possible. 

I have the honor to be, sii*, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 

P. S. — I have just learned from Mr. Davy that the Bermuda put into Fal- 
mouth for coals. Her cargo in arms, ammunition, and clothing, is valued 
at i£80,000 sterling. The importance of intercepting her cannot be over- 
estimated. 



Mr. Adams to Earl Bussell. 



Legation of the United States, 

London, September 3, 1861. 

My Lord : I have the honor to inform your lordship that I have received 
by the hands of a special messenger of the government just arrived in the 
steamer Europa from the United States a sealed bag marked Foreign Office, 
3, with two labels, as follows : 

" On her Britannic Majesty's service. The right honorable the Lord John 
Russell, M. P., &c., &c., &c. Despatches in charge of Robert Mure, esq. 

"ROBERT BUNCH." 

" On her Britannic Majesty's service. The right honorable the Lord John 
Russell, M. P., her Britannic Majesty's principal secretary of state for foreign 
affairs, foreign office, London. 

"R. BUNCH." 

Agreeably to instructions communicated by my government to me, to see 
that this bag is delivered accordingly to its address in exactly the condition 
in which I received it, I have the honor to transmit the same by the hands 
of my assistant secretary, Mr. Benjamin Moran, who is directed to deliver it 
into your own hands, if present, or, if absent, into those of one of the under 
secretaries of state for foreign affairs. 



ANNUAL MESSAGE OF THE PEESIDENT. 151 

« 

It now becomes my duty to explain the circumstances under which this 
hag has found its way from the possession of the person to whom it was orig- 
inally intrusted into that of the authorities of thd" United States. 

It appears that the Secretary of State of the United States, on the 15th of 
August last, received information deemed worthy of confidence that Mr. Ro- 
bert Mure, the bearer of this bag, was at the same time acting as a bearer 
of despatches from the insurrectionary authorities of Richmond to your lord- 
ship. Other information came that he was a bearer of despatches from the 
same authorities to their agents in London. And still other information 
from various sources agreed in affirming that he was travelling under a 
passport issued by her Majesty's consul at Charleston. Upon this informa- 
tion, instructions were sent forthwith to the police of New York to detain 
Mr. Mure, and any papers which might be found in his possession. He was ac- 
cordingly detained, and is now in custody at Fort Layfette, awaiting full 
disclosures. A large number of papers were found upon him, an examina- 
tion of which was found fully to sustain some portions of the information 
which had been furnished, and to prove that Mr. Mure was acting as the 
bearer of a treasonable correspondence between persons acting in open arms 
against the government of the United States and their friends and emissa- 
ries in Great Britain. He had also with him several copies of a printed 
pamphlet purporting to be a narrative of the events of the 21st of July at 
Manassas Junction, addressed to persons in England, and evidently intended 
to further the purposes of the conspirators in South Carolina. 

Robert Mure, the bearer of these papers, is represented to be a naturalized 
citizen of the United States, where he has resided for thirty years, and as 
actually holding a commission of colonel in the insurgent forces of South 
Carolina. 

It turned out to be true that in the hands of this gentleman were found 
in an open envelope a paper purporting to be a passport, a copy of which 
I have the honor to append to this note as paper marked A ; and a letter of 
instructions, signed by Robert Bunch, her Majesty's consul for the United 
States, residing at Charleston, a copy of which is likewise appended, as pa- 
per marked B. 

In the absence of all other evidence against Mr. Bunch to prove his de- 
parture from the line of his legitimate duty, it is quite enough to call the 
attention of your lordship to the fact that in issuing such a paper as this 
passport he has acted in direct contravention of a regulation issued by the 
proper department of the United States of which he had received notice, 
which forbids all recognition of any diplomatic or consular passport so far 
as to permit the bearer to pass through the lines of the national forces or 
out of the country unless it should be countersigned by the Secretary of 
State and the commanding general of the army of the United States. Mr. 
Mure attempted to do both with a paper bearing no such signatures. 

There is, however, other and still more serious cause of complaint against 
Mr. Bunch, as disclosed by the papers of Mr. Mure, the exposition of which 
I am compelled to reserve for a separate communication. The present pur- 
pose is confined to an explanation of the reasons which have actuated the 
government of the United States in taking the extraordinary step which has 
had for one of its consequences the effect of diverting, be it but tor a mo- 
ment, a part of the official correspondence of her Majesty's government from 
the channel in which it was originally placed. I am directed to express the 
regret the government feels that such a measure had become imperative, 
and to assure j^our lordship of its earnest desire to make any suitable 
amends which may justly be required. If in the process there may have 
happened a slight interruption of the correspondence of tlie British consul, 



152 ANNUAL MESSAGE OF THE PRESIDENT. 

it is their desire that the pressing- nature of the emergency may induce your 
lordship to excuse it. 

It is needless to say thqj; the bag passes into the hands of your loi'dship 
in precisely the same condition it came from those of Mr. Mure. Comity 
towards the government of a friendly nation, together with a full confidence 
in its justice and honor, to say nothing of a sense of propriety, would deter 
the government which I have the honor to represent from entertaining the 
idea of breaking the seals which protect it even were there ten times more 
reason than there is to presume an intention under so sacred a sanction to 
perpetrate a wrong' certainly on one and perhaps on both governments. 
Still less is it the intention of the American government to intimate the 
smallest suspicion of any privity whatever on the part of the authorities in 
Great Britain in aiding, assisting, or countenancing a supposed design inju- 
rious to the United States and subversive of their sovereignty. Much 
ground as there is for presuming that it never Avas the intention of those 
who prepared the package to forward it to its nominal address, but that it 
was rather the design, after bringing bad matter under this sacred sanction 
safely through the dangers of hostile scrutiny, to open the bag themselves 
and to disseminate the contents far and wide among tlie evil-disposed emis- 
saries to be found scattered all over Europe; this consideration has never 
weighed a single moment to change their views of this trust when put in 
the balance with the strong reliance placed upon the good faith of her Majes- 
ty's constitutional advisers. Least of all has it been in the thought of any 
one that your lordship would consent in any way to receive the papers, if 
they are really illegal in their character or dangerous or injurious to the 
United States. 

Should it, however, prove on inspection that any abuse has been attempted 
in America of the confidence to which her Majesty's government is in every 
way entitled, I am directed to express to your lordship the hope that any 
papers of a treasonable character against the United States may be delivered 
up to me for the use of my government, and that her Majesty's consul at 
Charleston, if shown to be privy to the transmission of them under such a 
form, may be made promptly to feel the severe displeasure of the govern- 
ment whose good faith he has sought to dishonor. J^or there can be no dif- 
ference of opinion as to the nature of an offence which involves the per- 
version by the agent of one government of the hospitality afforded to him 
by another to conspire against its safety, dignity, and honor. 

I pray your lordship to accept the assurances of the highest considei'ation 
with which I have the honor to be your lordship's most obedient servant, 

CHARLES FRANCIS ADAMS. 

The Right Honorable Eael Russell, d-c, &c., &c. 



Mr. Adams to Earl Russell. 



Legation of^he United States, 

London, September 3, 1861. 

The undersigned, envoy extraordinary and minister plenipotentiary of the 
United States, deeply regrets the painful necessity that compels him to 
make a representation to the right honorable Lord Russell, her Majesty's 
principal secretary of state for foreign affairs, touching the conduct of Mr. 
Robert Bunch, her Majesty's consul for the port of Charleston, in the United 
States. It appears from the contents of one of the many letters found in the 
possession of Mr. Robert Mure, bearer of despatches from Mr. Bunch to the 



ANNUAL MESSAGE OF THE PEESIDENT. 153 

government of'Great Britain, but detained as an agent of the enemies of the 
United States, that the following statement is made of the action of Mr. 
Bunch in Charleston. 

"Mr. B., on oath of secrecy, communicated to me also thatthe^rs^ siep to 
recognition was taken. He and Mr. Belligny together sent Mr. Trescot to 

Richmond yesterday to ask Jeff. Davis, President to the treaty of 

to- the neutral flag covering neutral goods to be respected. 

This is the first step of direct treating with our government. So prepare for 
active business by 1st January." 

The undersigned is instructed to submit this information to her Majesty's 
government with a request that, if it be found to be correct, Mr. Bunch may 
be at once removed from his office. The undersigned is further instructed 
to add that the President will cheerfully accord an exequatur to any person 
who may be appointed to succeed him, who will faithfully perform his func- 
tions without injur}- to the rights and the interests of the United States. 

The undersigned avails himself of this occasion to renew to Lord Russell 
the assurances of his highest consideration. 

CHARLES FRANCIS ADAMS. 

The Right Honorable Earl Russell, d;c., d;c., d;o. 



Mr. Seward to Mr. Adams. 



No. 84.] Departiiext ot State, 

Washington, September 10, 1861. 

Sir : I send you an extract of a letter just received from Mr. Francis Ber- 
nard, in the island of Trinidad. It shows a clear case of connivance by the 
authorities of that island with the insurgents of the United States, in viola- 
tion of the rights and dignity of this government, if the facts are truly pre- 
sented. You will bring the subject to the notice of Lord Russell, and will, 
if the case shall not be satisfactorily explained, ask for such proceedings in 
the premises as shall make the authorities of the island sensible of the dis- 
pleasure of the imperial government, and prevent such occurrences in the 
future. 

For your satisfaction, I state that a new consul has been appointed at 
Trinidad, and that he is now on his way to that island. 
I am, sir your obedient servant, 

WILLIAM H. SEWARD. 

Chaeles Francis Adams, Esq., &c., &c., &c. 



Mr. Bernard to Mr. Seward. 
[Extract.] 



Trinidad, August 7, 1861. 
Sir : I beg to inform you that on the 30th ultimo a steam sloop-of-war 
(Semnies commander) carrying a secession flag, five guns, some of a large 
calibre, and a crew of from 120 to 150 men, sailed boldly in our harbor and 
reported herself to the authoiities of this island as being on a cruise. She 
was last from Puerto Cabello; and since she succeeded in getting out of 
the Mississippi river she has already captured no less than eleven American 
vessels. I have ascertained the names of some of them, viz: the Joseph 
Maxwell, Abe Bradford, Minnie Miller, West Wind, of Westerly, with a 



154 ANNUAL MESSAGE OF THE PRESIDENT. 

cargo of sugar from Havana, and Golden Rocket, which was burnt by her 
ofi" the coast of Cuba. 

The Sumter landed eight of her prisoners herein a destitute condition; 
but a contribution has been raised here for their benefit, sufficient to supply 
their immediate wants, and I will take care that they are provided for till 
an opportunity offers to ship them to the States. 

The Sumter remained here till the 5th instant, and was allowed to supply 
herself with coals and other necessary outfits. The British flag was hoisted 
on the government flag-staff for her arrival, and the officers of the British 
war vessel " Cadmus" appeared to be on amicable terms with those of the 
Sumter. The merchant who supplied the Sumter with coals did it with 
the consent and approval of our attorney general. 

Being a loj'al American, I consider it my duty to send you these informa- 
tions, as there has been no consul of our nation in this island for many 
months. 

***** * 

* * * * * * 

I am, sir, your most obedient servant, 



The Secretary of State of the United Slates. 



FEANCIS BERNARD. 



Mr. Seward to Mr. Adams. 

No. 85.] Department of State, 

Washington, September 10, 1861. 

Sir: I transmit a copy of an intercepted letter of the 30th of July last, 
from John P. Baldwin, of Richmond, Virginia, to Henry Adderley, at Nassau, 
New Providence, relative to the shipment of arms and powder from that 
place for the use of the insurgents in this country. The existing British 
statute for the prevention of armed expeditions against countries at peace 
with Great Britain is understood to be similar to our act of Congress of the 
6th of April, 1818. Proceedings like that refei'red to in the letter of Bald- 
win, however, afford us special reason to expect legislation on the part of 
the British government of the character of our act of 1838, referred to in my 
instruction to you of the 7th instant, numbered 83. It may be, however, that 
the British executive government now has the power to prevent the exporta- 
tion of contraband of war from British colonies near the United States for 
the use of the insurgents in the south. Should this be the fact, you will 
bring the subject to the attention of Lord Russell, and request that proper 
instructions in regard to it may be given to the colonial authorities. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Charles F. Adams, Esq. 



Mr. Baldwin to Mr. Adderley. 



Richmond, Virginia, July 30, 1861. 

My Dear Adderley : The secretary of the navy of the Confederate States of 
America has ordered from England, to be shipped to Nassau, a quantity of 
arms and powder. I have recommended them to be consigned to you, and 



ANNUAIi ]MESSAGE OF THE PRESIDENT. 155 

I have to ask of you, as a favor to me, to take g'ood care of them. I will be 
with you soon, and will expect your aid in transhipping- the same. 

I must request you to reg-ard this as a confidential communication, and 
will explain the reasons when we meet. You need not write me at all on 
the subject. 

Hoping soon to see you, I remain your friend, 

JNO. P. BALDWIN. 
Hexry Adderley, Esq., 

Nassau, N. P., Bahamas. 



Mr. Seward to 31r. Adams. 



No. 86.] Department of State, 

• Washington, September 11, 1861. 

Sir : Your despatch of August 23d has been received. 

The inefficiency of the Britisli laws to prevent violations of our rights is 
deeply to be regretted. We shall necessarily be obliged to exercise vigi- 
lance in detecting the unlawful character and objects of British vessels ap- 
proaching our coasts, which will not be pleasant to the government whose 
flag they will be perverting to such unfriendly uses. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., (&c., &c., &c. 



Mr. Adams to Mr. Seward. 
[Extract.] 



No. 44.] Legation of the United States, 

London, September 14, 1861. 

Sir : I now have the honor to transmit copies of two notes received yes- 
terday from Lord Russell, in answer to my notes of the 3d of September, 
transmitting to him the bag of Mr. Bunch. It appears from one of them 
that Mr. Bunch has been acting under secret instructions, which are only 
now acknowledged because they have come to light, and that his granting 
a safe conduct to an emissary of secession, charged with treasonable papers, 
is no objection to his neutral character in the eyes of his employers. With 
regard to the question presented in the other note, it is satisfactory to me, 
at least in so far as it devolves all responsibility for the further treatment 
of the question into more capable hands. I transmit also a copy of my reply. 

Hon. William H. Seward, 

Secretary of State, Washington, D. G. 



Foreign Office, September 9, 1861. 
Sir : I received, with some surprise, from Lord Lyons an intimation that 
a sealed bag, directed by one of her Majesty's consuls to her Majesty's sec- 
retary of state, had been seized and detained by order of the Secretary of 
State of the United States. 



156 ANNUAL MESSAGE OF THE PRESIDENT. 

It seems to have been suspected that her Majesty's consul had inserted 
in his official bag-, and covered with his official seal, the correspondence of 
the enemies of the government of the United States now engaged in open 
hostilities against them. 

Had her Majesty's consul so acted he would have, no doubt, been guilty 
of a grave breach of his duty both towards his own government and that of 
the United States; but I am happy to say there does not appear, on opening 
the bag at the foreign office, to be any ground for such a suspicion. 

Her Majesty's government were advised that the suspension of the con- 
veyance by post of letters from British subjects between the northern and 
the southern States, was a contravention of the treaty on this subject con- 
tracted by the two governments. Her Majesty's government have been un- 
willing to press this view on the United States; but this stoppage of the 
post has occasioned great inconvenience to individuals, and I enclose a copy 
of a note from Mr. Bunch to the under secretary of foreign aljairs, showing 
the mode in which he has endeavored to palliate the evil b}'^ enclosing pri- 
vate letters in his consular bag. 

I shall address any further communication I may have to make on this 
subject to Lord Lyons. 

I have the honor to be, with the highest consideration, sir, your most 
obedient, humble servant, 

RUSSELL. 
- Charles Fraxcis Adams, Esq., d-c, &c., &c. 



Charleston, August 5, 1861. 

Mr. Bunch presents his compliments to her Majesty's under secretary of 
state for foreign afl'airs, and takes leave to enclose to him herewith certain 
letters which are intended for the post. 

They are principally letters of servants, governesses, &c., (British sub- 
jects,) whicli, owing to the discontinuance of the post, they are unable to 
send in any other way. Some also contain dividends, the property of British 
subjects, which they could scarcely receive without Mr. Bunch's interven- 
tion. 

Mr. Bunch hopes that there is no irregularity in this proceeding. No 
expense of postage is incurred by the foreign office, as the bag in which 
the letters are contained goes by a private hand to Liverpool. 

Her Majesty's Under Secretary op State 

For Foreign Affairs. 



Foreign Office, September 9, 1861. 

The undersigned, her Majesty's principal secretary of state for foreign 
affairs, has received a communication from Mr. Adams, envoy extraordinary 
and minister plenipotentiary of the United States at this court, dated the 
3d instant, giving some information regarding the conduct of Mr. Bunch, 
her Majesty's consul at Charleston, in the United States, and requesting, on 
the part of the government of the United States, that Mr. Bunch may at 
once be removed from his office. 

The undersigned will, without hesitation, state to Mr. Adams that in pur- 
suance of an agreement between the British and French governments, ]\Ir. 
Bunch was instructed to communicate to the persons exercising authority 
in the so-called Confederate States, the desire of those governments, that the 



ANNUAL MESSAGE OF THE PEESIDENT. 157 

second, third, and fourth articles of the declaration of Paris should be 
observed by those States in the prosecution of the hostilities in which they 
were engaged. Mr. Adams will observe that the commerce of Great Britain 
and France is deeply interested in the maintenance of the articles provid- 
ing that the flag covers the goods, and that the goods of a neutral taken on 
board a belligerent ship are not liable to condemnation. 

Mr. Bunch, therefore, in what he has done in this matter, has acted in 
obedience to the instructions of his government, who accept the responsi- 
bility of his proceedings so far as they are known to the foreign depart- 
ment, and who cannot remove him from his ofiQce for having obeyed his 
instructions. 

But when it is stated in a letter from some person not named, that the 
first step to the recognition of the southern States by Great Britain has 
been taken, the undersigned has to decline all responsibility for such state- 
ment. 

Her Majesty's government have already recognized the belligerent charac- 
ter of the southern States, and they will continue to consider them as bellig- 
erents. But her Majesty's government have not recognized, and are not 
prepared to recognize the so-called Confederate States as a separate and 
independent State. 

The undersigned requests Mr, Adams to accept the assurance of his 
highest consideration. 

^ RUSSELL. 

Charles Francis Adams, Esq., £c., &c., &c. 



Legation of the United States, 

London, September 13, 1861, 

The undersigned, envoy extraordinary and minister plenipotentiary of the 
United States, has the honor to acknowledge the reception this day of two 
notes from the right honorable Earl Russel, her Majesty's principal secretary 
of state for foreign affairs, both dated the 9th of September, and both in 
reply to notes addressed to his lordship by the undersigned on the 3d instant, 
touching the case of Mr. Bunch, her Majesty's consul at Charleston, and the 
mode of transmission of his despatches. The undersigned has the honor to 
inform his lordship that copies of these notes will be transmitted by the next 
steamer for the consideration of the government of the L^nited States. 

The undersigned requests Earl Russell to accept the assurance of his 
highest consideration. 

CHARLES FRANCIS ADAMS. 

Right Honorable Earl Russell, &c., &c., <&c. 



Mr. Seward to 3Ir. Adams. 



No. 88.] Department of State, 

Washington, September 14, 1861, 

Sir: Your despatch of August 30 (No. 34) has just been received. Your 
note to Lord John Russell, which accompanies it, is approved. My despatch 
to you, (No. 83,) under the date of the 7th instant, will have reached you before 
this communication can arrive. You will have learned from that paper that 
your course, as now made known to me, was anticipated by the President, 



158 ANNUAL MESSAGE OF THE PRESIDENT. 

and that he had already directed that the negotiation for our adhesion to the 
declaration of the congress of Paris should be suspended. 

It is due to the British government to say that the letter of Lord John 
Russell to Mr. Edwards, upon Dominican affairs, to which you refer, and a 
cop.y of which you enclose, was read to me by Lord Lyons, pursuant to 
instructions from Lord Russell. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., &c., &c., &c. 



Mr. Seward to Mr. Adams. 



No. 89.1 Department of State, 

Washington, September 14, 186L 

Sir: Your despatch of August 30 (No. 35) has been received. While I 
regret with you that the administration of the laws of Great Britain is such 
as to render comparatively ineffectual your efforts to defeat there the designs 
of parties in that country injurious to the United States, I have great plea- 
sure in saying that the information we receive from you concerning them is 
often very valuable, and enables us to put our own authorities here in a way 
of vigilant surveillance which promises good results. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., &c., &c., &c. 



Mr. Seward to Mr. Adams. 



[Confidential.] 

No. 95.] Department of State, 

Washington, September 25, 18G1. 

Sir: Tour despatch of September t (No. 39) has just been received. 
Your review of the correspondence between us and the British government 
since you entered upon j'our mission is quite satisfactory, and we have every 
reason to be content with the details as with the results. 

The time which has elapsed since the insurgents made their first unnatural 
appeal to the sympathies and aid of foreign powers for the overthrow of our 
government has been sufficient to draw out all their strength and exhaust 
in some measure their passion. On the other hand, the strength of the 
Union manifests itself with constant augmentation. Every day brings two 
thousand men and some new ship-of-war into activity, and the insurrection, 
already, is finding itself obliged to provide for a long and merely defensive 
contest, desolating the States which should constitute the new confederacy, 
while the loyal States remain prosperous and happy. 

I think that Gr.eat Britain will soon be able to see, what she has hitherto 
been unwilling to see, that, if she, like ourselves, seeks peace and prosperity 



AlSnSIUAL MESSAGE OF THE PRESIDENT. 159 



on this continent, she can most effectually contribute to their restoration by- 
manifesting her wishes for tlie success of this government in suppressing' 
the insurrection as speedily as possible. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., &c., &c., &c. 



Mr. Seward to Mr. Adams. 



No. 91.] Department of State, 

Washington, September 25, 1861. 

Sir: Your despatch of September 6, No. 38, has been received. 

Our naval force is rapidly increasing, and the command of it has recently 
been reorganized. We are preparing for some vigorous demonstrations on 
the coast, to begin in about ten days ; and I trust, therefore, that we shall 
be able to defeat on this side the enterprises of the insurgents which we 
have been unable to prevent on the other. 

I am, sir, respectfully, vour obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., (&c., &c., &c. 



Mr. Adams to Mr. Seioard. 
[Extract.] 



No. 50.] Legation of the United States, 

London, September 28, 1861. 

During my stay at Abergeldie I alluded to instructions received at the 
moment of my leaving London, in your despatch. No. 84, of the 10th of 
September, directing me to make a complaint of the authorities at Trinidad 
for their mode of reception of the insurgent privateer, the Sumter. I read 
to him the copy of the letter of Mr. Bernard, which was enclosed. But I 
contented myself with only mentioning the subject, as I said I supposed I 
should be obliged to present the case hereafter, in a more formal way, in 
writing. 

His lordship expressed a wish that I should take that course. The matter 
had already come before the colonial office, and it had been referred to the 
law officers of the crown, to report what was the action proper to be taken 
in similar cases. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of Stole, Washington, D. C. 



160 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Adams to Mr. Seward, 

No. 52.] Legation of the United States, 

London, Sejjtember 28, 1861. 

Sir: I am much gratified to perceive, by the terms of your despatch, No, 
83, dated the 7th of this month, a substantial ratification of the position 
taken by me in regard to Lord Russell's note of the 19th of August, 
and to the declaration which he proposed to append to the convention con- 
cerning neutral rights. I find in it, too, a general coincidence in the argu- 
ment presented by me in my reply to his lordship on the 23d of August, a 
copy of which could not have reached the department down to the latest 
dates yet received. There are some views offered, however, in my note, 
which are not touched upon in that despatch. I am, therefore, not as yet 
fully certain whether, as a whole, it has met with the approbation of the 
President. For this reason I decided not to hold communication on the sub- 
ject with Lord Russell, during the time of my late stay under his roof, but 
rather to wait until after the arrival of the next despatches from the depart- 
ment, which will probably bring a final review of the negotiation, as it 
appears, after an examination of all the papers that belong to it. I shall 
then be in a position to judge of the propriety of any further action which 
it may be advisable to pursue. His lordship informed me, on my taking 
leave of him, that he expected to return to London by the 14th of next 
month, after which I anticipate no delay, like the late one, in the transaction 
of important business. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS IDAMS. 

Hon. William H. Seward, 

Secretary of State, Washington. 



Mr. Adams to Mr. Seward. 
[Extract.] 



No, 53.] Legation of the United States, 

London, October 4, 1861. 

Sir: I have to acknowledge the reception of despatches from the depart- 
ment, numbered from 85 to 89, both inclusive. 

The despatch. No. 85, dated the 10th of September, like its immediate pre- 
decessor. No. 84, of the same date, though received here a week earlier, 
relates to cases of violation of neutrality in the British islands in the West 
Indies. I have now the honor to forward copies of two notes addressed by 
me to Lord Russell, one of the 30th of September, and the other of the fol- 
lowing day, touching these questions. 

* * 5(« * * * 

I have the honor to be, sir, vour obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. G. 



ANNUAL MESSAGE OF THE PRESIDENT. 161 



3Ir. Adams to Earl Russell. 

Legation of the United States, 

London, September 30, 1861. 

The undersigned, envoy extraordinary and minister plenipotentiary of the 
United States, regrets to be obliged to inform the right honorable Earl Rus- 
sell, her Majesty's principal secretary of state for foreign affairs, that he has 
been instructed by the President of the United States to prefer a complaint 
against the authorities of the island of Trinidad for a violation of her Ma- 
jesty's proclamation of neutrality, by giving aid and encouragement to the 
insurgents of the United States. It appears by an extract from a letter re- 
ceived at the Department of State from a gentleman believed to be worthy 
of credit, a resident of Trinidad, Mr. Francis Bernard, a copy of which is 
submitted herewith, that a steam vessel, known as an armed insurgent 
privateer, called the Sumter, was received on the 30th of July last at that 
port, and was permitted to remain for six da^i's, during which time she was 
not only furnished with all necessary supplies for the continuance of her 
cruise, under the sanction of the attorney general, but that her Majesty's 
flag was actually hoisted on the government flag-staff in acknowledgment of 
her arrival. 

The undersigned has been directed by his government to bring this extra- 
ordinary proceeding to the attention of Lord Russell, and, in case it shall 
not be satisfactoril}'^ explained, to ask for the adoption of such measures as 
shall insure, on the part of the authorities of the island, the prevention of 
all occurrences of the kind during the continuance of the difficulties in 
America. 

The undersigned deems it proper to add, in explanation of the absence of 
any official representation from Trinidad to substantiate the present com- 
plaint, that there was no consul of the United States there at the time of the 
arrival of the vessel. The undersigned had the honor, a few days since, to 
apprise Lord Russell of the fact tliat this deficiencj' had been since supplied, 
b}'^ preferring an application for her Majesty's exequator for a new consul, 
who is already on his way to occupy his post. 

The undersigned begs to renew to Earl Russell the assurances of his 
highest consideration. 

CHARLES FRANCIS ADAMS. 

The Right Hon. Earl Russell, &c., &c., &c. 



Mr. Adams to Earl Russell. 



Legation of the UNrrEo States, 

London, October 1, 1861. 

My Lord: It is with much regret that I find myself receiving, at every 
fresh arrival from the United States, instructions from my government to 
make representations to your lordship concerniiig alleged violations of her 
Majesty's proclamation of neutrality, committed by British subjects through 
the channel of the colonies situated near the United States. I have the 
honor now to submit to your lordship's consideration the copy of an inter- 
cepted letter from a person named John P. Baldwin, living at Richmond, in 
Virginia, in the service of the insurgents, addressed to Henry Adderley, 
esquire, of Nassau, New Providence. It appears by this letter that Nassau 
has been made, to some extent, an entrepot for the transmission of articles 

Ex. Doc. 1 11 



162 AM^UAL MESSAGE OF THE PEESIDENT. 

contraband of war from Great Britain to the ports held by the insurgents. 
It would be a great source of satisfaction to the government of the United 
States to learn that her Majesty's government felt itself clothed with the 
necessary power to prevent the exportation of such contraband from the 
colonies for the use of the insurgents, and that it would furnish the neces- 
sary instructions to the local authorities to attain that end. 

I pray your lordship to accept the assurances of the highest consideration, 
with which I have the honor to be your lordship's most obedient servant, 

CHARLES FRANCIS ADAMS. 

The Right Hon. Earl Russell, d;G., &c., &c. 



Mr. Adams to Mr. Seward. 



No. 58.] Legation of the United States, 

London, October 11, 1861. 

Sir: I have the honor to enclose a copy of Lord Russell's note to me of 
the 4th instant, in reply to my representation of the conduct of the author- 
ities of the island of Trinidad, made under instructions from the department. 

It will appear from this that the governor of Trinidad, by hoisting the 
British flag on the government flag-staff, probably desired to signify to the 
officers of the Sumter, on their arrival, the neutral character of the island, 
but that he in the meantime forgot that the act is susceptible of a very 
different construction in the popular mind. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. G. 



Earl Bussell to Mr. Adams. 



Foreign Office, October 4, 1861. 

Tlie undersigned, her Majesty's principal secretary of state for foreign 
affairs, has had the honor to receive a complaint from Mr. Adams, envoy 
extraordinary and minister plenipotentiary of the United States at this 
court, against the authorities of the island of Trinidad for a violation of her 
Majesty's proclamation of neutrality, by giving aid and encouragement to 
the insurgents of the United States. 

It appears, from the accounts received at the colonial office and at the 
admiralty, that a vessel bearing a secession flag entered the port of Trinidad 
on the 30th of July last. 

Captain Hillyar, of her Majesty's ship " Cadmus," having sent a boat to 
ascertain her nationality, the commanding officer showed a commission 
signed by Mr. Jefferson Davis, calling himself the President of the so-styled 
Confederate States. 

The " Sumter," which was the vessel in question, was allowed to stay six 
days at Trinidad, and to supply herself with coals and provisions, and the 
attorney general of the island perceived no illegality in these proceedings. 

The law officers of the crown have reported that the conduct of the governor 
was in conformity to her Majesty's proclamation. 



ANNUAL MESSAGE OF THE PKESIDENT. 163 

No mention is made by the governor of his hoisting the British flag on 
the government flag-stafi'; and if he did so, it was probably in order to show 
tlie national character of the island, and not in acknowledgment of the 
ai'rival of the " Sumter." 

There does not appear, therefore, any reason to believe that her Majesty's 
proclamation of neutrality has been violated by the governor of Trinidad, 
or by the commanding officer of her Majesty's ship " Cadmus." 

The undersigned requests Mr. Adams to accept the assurance of his 
highest, consideration. 

RUSSELL. 

Charles Francis Adams, Esq., (&c., &c., &c. 



Mr Seward to Mr. Adams. 



No. 108.] Department of State, 

Washington, October 22, 1861. 

Sir : The receipt of your despatch of the 14th of September (No. 44) has 
"been already acknowledged. 

It was accompanied by Earl Russell's reply to the note which, in execution 
of my instructions, you addressed to him on the subject of the detention of 
a bearer of despatches sent by Robert Bunch, her Majesty's consul at 
Charleston, and the substitution by me of another person to convey his con- 
sular bag to Great Britain. 

Earl Russell says, in his note, that if it had been true (as we apprehended) 
that Mr. Bunch had inserted into his official bag and covered with his official 
seal the correspondence of the enemies of this government in the United 
States, he would have been guilty of a grave breach of his duty towards his 
own government and that of the United States. Earl Russell says also, that 
on the opening of the bag at the foreign office (in London) no ground for 
that suspicion was revealed. 

These declarations, made with unquestioned candor and freedom, are 
entirely satisfactory upon the main point involved in your note. It is there- 
fore a pleasant duty for me to instruct you to reply to Earl Russell that this 
government regrets the interruption of the passage of the consular 
despatches, which has occurred in consequence of a mistaken suspicion that 
the agent who transmitted them was abusing the confidence of the two 
governments. I sincerely hope that no serious inconvenience resulted from 
the delay. 

Earl Russell, after making the explanations which I have quoted, proceeds 
to remark that her Majesty's government was advised that the suspicion of 
the conveyance by post of letters from British subjects between tlie northern 
States and the southern States was in contravention of the treat}' on this 
subject contracted between the two governments ; tliat her Majesty's gov- 
ernment had been, nevertheless, unwilling to press this view on the United 
States ; but that this stoppage of the post has occasioned great inconvenience 
to individuals. His lordship then submits a copy of a note which Mr. Bunch 
had written to the under secretary of state, showing the mode in which he 
had endeavored to palliate the evil by enclosing private letters in his official 
bag. His lordship then dismisses the subject, saying that he shall address 
any furthe^r communication he may have to make thereon, to Lord Lyons. 

Ml'. Bunch, in his note, states that he encloses in the bag, to the under 
secretary's address, certain letters which are intended for the post, and that' 
they are principally letters of servants, governesses, &c., British subjectfe, 



164 A]!fNUAL MESSAGE OF THE PRESIDENT. 

which; owing to the discontinuance of the post, they are unable to send in 
any other way ; also, that some of the letters contain dividends, the property 
of British subjects, which they could scarcely receive without Mr. Bunch's 
intervention. He adds that he hopes that there is no irregularity in this 
proceeding, since no expense of postage is incurred, because the bag in 
which the letters are contained goes by a private hand to Liverpool. I read 
this note under the light thrown upon it by the explanations of Earl Russell, 
which show that the whole correspondence contained in the bag was 
innocent. 

In these circumstances, what remains open to special exception in Mr. 
Bunch's proceeding is, his substitution of his consular bag and official seal 
for the mail bag and mail locks of the United States, and of his own mail 
carrier for the mail carriers of the United States. 

The proceeding of the consul in these respects, certainly is not defensible 
on any ground of treaty or international law ; nor does Earl Russell in any 
way imply that he deems it is so. The proceeding however was practically 
harmless, and it is not likely to be repeated. 

I confess to the fact of the interruption of the post, and also that it works 
literally a non-fulfilment of a treaty stipulation. 1 deplore it for that reason, 
as well as for the public and private injuries that it occasions, not only 
abroad but at home. But the British government is well aware that the 
interruption has occurred, not through the deliberate or even voluntary con- 
sent of the government, but through the sudden violence of an insurrection 
which has not only obstructed the mails, but which even seeks to overthrow 
not only the treaty in question, but .even the government of the United 
States and the Union itself, which constitutes them one treaty-making and 
treaty-observing nation. Suppression of the correspondence between parties 
in that nation with each other in this country and in foreign countries is a 
measure which is essential to the suppression of the insurrection itself, and 
to a complete restoration of the functions of the government throughout 
the Union. I feel sure that the magnanimity of the British government may 
be relied upon not to complain, at one and the same time, of the breach of 
our international postal treaty under such circumstances, and of our resort 
to a measure which is indispensable to complete our ability to fulfil it. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD, 

Charles Francis Adams, Esq., &c., &c., &c. 



Mr. Seward to Mr. Adams. 



No. 109.] Department of State, 

Washington, October 23, 1861. 

Sir: I recur once more to your despatch of September 14, No. 44. On 
the 3d of that month you addressed a note to Earl Russell, in which you 
informed him, by my direction, that from the contents of the many letters 
found in the possession of Mr. Robert Mure, bearer of despatches to the 
government of Great Britain, but detained at New York as an agent of the 
enemies of the United States, the following statement is made of the action 
of Mr. Bunch in Charleston. " Mr. Bunch, on oath of secrecy, communicated 
to me also that the first step to recognition was taken; that he and Mr. 
Belligny together sent Mr. Trescot to Richmond yesterday to ask Jeff, 



ANNUAL MESSAGE OF THE PKESIDENT, 165 

Davis, President, to the treaty of to the neutral flag 

covering neutral goods to be respected. This is the first step of direct 
treating with our government. So prepare for active business by first of 
January." 

You submitted this information to her Majesty's government with a 
request on the part of the President of the United States that, if it should 
be found to be correct, Mr. Bunch might be at once removed from his office. 
And you further added, by my direction, that the President would cheerfully 
accord an exequator to any person who might be appointed to succeed Mr. 
Bunch, who would faithfully perform his functions without injury to the 
rights and interests of the United States. 

There is appended to your despatch now before me the written answer of 
the Earl Russell to your note thus recited. 

His lordship answers that he will, without hesitation, state to Mr. Adams 
that, in pursuance of an agreement between the British and French govern- 
ments, Mr. Bunch was instructed to communicate to the persons excercising 
authority in the so-called Confederate States the desire of those governments 
that the second, third, and fourth articles of the declaration of Paris should 
be observed by those States in the prosecution of the hostilities in which 
they were engaged. His lordship then asked you to observe that the com- 
merce of Great Britain and France is deeply interested in the maintenance 
of the articles providing that the flag covers the goods, and that the goods 
of a neutral taken on board a belligerent ship are not liable to confiscation. 
Earl Russell thereupon proceeds to say that Mr. Bunch, in what he has done 
in this matter, has acted in obedience to the instructions of his government, 
who accept the responsibility of his proceedings, so far as they are known 
to the foreign department, and who cannot therefore remove him from his 
office for having obeyed their instructions. But his lordship adds that, 
when it is stated in a letter from some person not named that the first step 
to the recognition of the southern States by Great Britain has been taken, 
he, Earl Russell, begs to decline all responsibility for such statement; and 
he remarks on this branch of the subject that her Majesty's government 
have already recognized the belligerent character of the southern States, 
and they will continue to consider them as belligerents, but that her 
Majesty's government have not recognized, and are not prepared to recog- 
nize, the so-called Confederate States as a separate and independent State. 

You are instructed to reply to this note of her Majesty's principal secre- 
tary of state for foreign affairs: 

First. That her Majesty's government having avowed that Mr. Bunch 
acted under their instructions, so far as his conduct is known to the foreign 
department, and that government having avowed their responsibility for 
his proceedings in that extent, it is admitted that, so far as that portion of 
the subject is concerned, the matter is to be settled directly with her 
Majesty's government. 

Second!}'. That a law of the United States forbids any person not specially 
appointed or duly authorized or recognized by the President, whether citi- 
zen or denizen, privileged or unprivileged, from counselling, advising-, aiding, 
or assisting in any political correspondence with the government of any 
foreign state whatever, with an intent to influence the measures of any 
foreign government, or of any officer or agent thereof, in relation to any 
disputes or controversies with the United States, or to defeat the measures 
of the government. The proceeding of Mr. Bunch was clearly and distinctly 
in violation of this positive law. 

Thirdly. This government finds no sufficient justification or excuse for 
the proceeding of Mr. Bunch, thus shown to be in violation of the law of 
the United States, in the consideration that Great Britain was deeply 



166 ANNUAL MESSAGE OF THE PRESIDENT. 

interested in the maintenance of the articles which provide that the flag 
covers tlie goods, and that the goods of a neutral taken on board a belligerent 
ship are not liable to confiscation. 

It is enough to say on this subject that, in our view, the proper agents of the 
British government, to make known that interest here, are the diplomatic, 
not the consular agents of her Majesty; and that the cmly authority in this 
country to which any diplomatic communication whatever can be made is 
the government of the United States itself. 

Still less can the United States admit that communication by Mr. Bunch, 
while exercising consular privileges with which he was clothed by the con- 
sent of the United States, with insurgents in arms against the federal 
government, is justified by the declaration of the British ministry that they 
have already recognized the belligerent character of the insurgents, and 
that they will continue to consider them as belligerents. It is understood 
to be true that her Majesty's government have heretofore issued a royal 
proclamation which they interpret as declaring that they recognize the 
insurgents as a belligerent. But it is also true that this government has, 
with equal decision and with equal resolution, announced to the British 
government that any such declaration made by the British government would 
not be accepted as modifying, in the least degree, the rights or powers of this 
government, or the obligations due to them by Great Britain as a friendly 
nation. Still adhering to this position, the government of the United States 
will continue to pursue, as it has heretofore done, the counsels of prudence, 
and will not suffer itself to be disturbed by excitement. It must revoke the 
exequatur of the consul, who has not onlj'' been the bearer of communica- 
tions between the insurgents and a foreign government, in violation of our 
laws, but has abused equally the confidence of the two governments by 
reporting, without the authority of his government, and in violation of their 
own policy as well as of our national rights, that the proceeding in which 
be was engaged was in the nature of a treaty with the insurgents, and the 
first step towards a recognition by Great Britain of their sovereignty. 
Moreover, the conduct uf the person in question, even while this corres- 
pondence has been going on, as well as before it commenced, has been that, 
not of a friend to this government, or even of a neutral, but of a partisan 
of faction and disunion. 

In reviewing this subject it would be unjust to her Majesty's minister 
residing here, as well as to her Majesty's government, to omit to say that 
that minister has, in all his proceedings, carefully respected the sovereignty 
and the rights of the United States, and that the arrangements which have 
been made by him, with the approval of this government, for communication 
between the British government and its consuls, through the national vessels 
of Great Britain entering blockaded ports without carrying passengers or 
private letters, seems to forbid any necessity for a recurrence of such proceed- 
ings as those which have brought about these explanations. You will inform 
the Earl Russell that the exequatur of Mr. Bunch has been withdrawn 
because his services as consul are not agreeable to this government, and 
that the consular privileges thus taken from him will be cheerfully allowed 
to any successor whom her Majesty may appoint, against whom no grave 
personal objections shall exist. It is a source of satisfaction to the Presi- 
dent to reflect that the proceeding which I have been considering occurred 
some time ago, and that the part of it which was most calculated to offend, 
and to which exception is now especially taken, finds no support in the 
communication of Earl Russell. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Chables Francis Adams, Esq., d-c, &c., &c. 



ANNUAL MESSAGE OF THE PKESIDEXT. 167 



Mr. Seward to Mr. Adams. 

No. 112.] Departmext of State, 

Washington, October 29, 1861. 

Sir: Yonr despatch of October 11, No. 58, has been received. It is ac- 
companied by Lord Russell's reply to the note which yon addressed to him 
by my direction, asking an explanation of the conduct of the colonial au- 
thorities in Trinidad on the occasion of the entrance of the piratical vessel 
the " Sumter" into that port. 

Lord Russell admits that the " Sumter." (an armed American vessel,) 
bearing an insurgent flag, entered the port of Trinidad, and when boarded 
and required to show her nationality, her commanding oflScer showed no 
legal authority from this government, but a pretended commission from a 
citizen of the United States, notoriously engaged in arms against them. 
Notwithstanding these facts, it is not denied that the governor of the island 
hoisted the British flag on the government flag-staff, although it is stated 
by Lord Russell that, if he did so, it was probably done in order to show 
the national character of the island, and not in acknowledgment of the arrival 
of the "Sumter." 

His lordship, however, admits that the " Sumter" was allowed to remain 
SIX days in Trinidad, and that during her stay she was allowed to supply 
herself with coals and provisions. The armament, the insurgent flag, and 
tie spurious commission told the governor, as they sufiiciently prove to her 
IMajesty's government, that the " Sumter" is and can be nothing else than a 
p.ratical vessel. Her depredations on the commerce of this country form a 
pirt of the history of our times. The British government has, moreover, 
been directly informed by us that the " Sumter" is a piratical craft, and that 
tl.e navigators and seamen on board of her are pirates, punishable by the 
laws of their own country with death. Lord Russell informs us that the 
law officers of the crown have nevertheless reported that the conduct of the 
colonial authorities of Trinidad is in conformity to her Majesty's proclama- 
tion. Her Majestj^'s government dismiss our complaint from their considera- 
tion. 

In view of these facts, it becomes my duty to instruct you to inform the 
British government that the President deeply regrets that Lord Russell is 
altogether unable to give to our complaint a satisfactory solution. 

When it is considered how important a part commerce plays among the 
interests of our country, it will be seen that the Ignited States cannot con- 
sent that pirates engaged in destroying it shall receive shelter and supplies 
in the ports of friendly nations. It tends to the universal derangement of 
commerce when piracy is anywhere tolerated, and therefore its suppression 
is a common interest of all civilized countries. But if any one power fails 
to preserve this interest, and to act for the common welfare, then it is easy 
to see that each state must provide for its own security at whatever cost, 
and however it may disturb the general harmony of the commercial world. 

This government will consider how its safety may be best secured; but it 
cannot forbear from expressing a hope that her Majesty's ministers, in view 
of the gravity of the question, may deem the subject worthy of a deliberate 
reconsideration. 

I am, sir, your most obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Ada^is, Esq., &c., &c., &c. 



168 ANNUAL MESSAGE OF THE PKESIDENT. 

Mr. Seward to Lord Lyons. 
[Circular.] 

Department of State, 
Washington, October 4, 1861. 

My Lord: I regret to inform you that information has reached this depart- 
ment that foreign vessels-of-war, which have entered ports of States in in- 
surrection against the government of the United States, under blockade, 
have, in some instances, carried passengers, and in others private corres, 
pondence. It is presumed that such proceedings could not have taken place 
with the knowledge or approval of the governments of foreign countries. 

With a view, however, to prevent any misunderstanding in future, it is 
distinctly to be understood that no foreign vessel-of-war, which may enter 
or depart from a blockaded port of the United States, will carry any person 
as a passenger, or any correspondence other than that between the govern- 
ment of the country to which the vessel may belong and the diplomatic and 
consular agents of such country at the ports adverted to. 

I avail myself of this occasion to offer to your loi'dship a renewed assurance 
of my high consideration. 

WILLIAM H. SEWARD. 

To the Right Honorable Lord Lyons, &c., &c., &c. 



Lord Lyons to Mr. Seward. 

British Legation, 
Washington, D. C, October 12, 1861. 

Sir : I have the honor to acknowledge the receipt of your note of the 4th 
instant, relative to communications between ships-of-war and the ports in 
the southern States, now under blockade. 

You have apprised me in -that note that information has reached the 
Department of State that foreign vessels-of-war which have entered those 
ports since they were blockaded, have in some instances carried passengers, 
and in others private correspondence. You were so good as to assure me 
verbally, yesterday, that no British ship-of-war was included among those 
to which your note thus referred. Indeed, I have every reason to believe 
that, with a single exception, no British ship-of-war has communicated with 
any of the ports under blockade. The ship which I except is the " Steady;" 
of my intention to request the commander of this ship to leave oflBcial de- 
spatches at Charleston, I had the honor to inform you on the 18th of last 
month. The " Steady" accordingly sailed for Charleston a few days after- 
wards. She carried no letters except official despatches from me or other 
authorities of foreign governments in the United States, and no passenger 
excepting Mr. Fullaston, her Majesty's acting consul at Savannah, who was 
landed at Charleston on his way back to his post. 

As several of my colleagues have expressed to me their desire to send 
oflBcial despatches to the consuls of their respective governments by any of 
her Majesty's ships which may hereafter convey despatches for me to th,e 
ports under blockade, I shall be much obliged if you will inform me whether 
you see any objection to my forwarding to those ports, by her Majesty's 



AI^NUAL ISIESSAGE OF THE PRESIDENT. 169 

ships, despatches addressed by official authorities of foreign countries to 
other official authorities of their own countries. 

I have the honor to be, with high consideration, sir, your most obedient, 
humble servant, 

LYONS. 



Lord Lyons to Mr. Seward. 

Washington, October 14, 1861. 

Sir: Her Majesty's government were much concerned to find that two 
British subjects, Mr. Patrick and Mr. Rahming, had been subjected to arbi- 
trary arrest; and although they had learnt from a telegraphic despatch from 
me that Mr. Patrick had been released, they could not but regard the matter 
as one requiring their very serious consideration. 

Her Majesty's government perceive that when British subjects as well as 
American citizens are arrested they are immediately transferred to a military 
prison, and that the military authorities refuse to pay obedience to a writ of 
habeas corpus. 

Her Majesty's government conceive that this practice is directly opposed 
to the maxim of the Constitution of the United States " that no person shall 
be deprived of life, liberty, or property without due process of law." 

Her Majesty's government are willing, however, to make every allowance 
for the hard necessities of a time of internal trouble; and they would not 
have been surprised if the ordinary securities of personal liberty had been 
temporarily suspended, nor would they have complained if British subjects 
falling under suspicion had suffered from the consequences of that suspen- 
sion. 

But it does not appear that Congress has sanctioned in this respect any 
departure from the due course of law; and it is in these circumstances that 
the law officers of the crown have advised her Majesty's government that 
the arbitrary arrests of British subjects are illegal. 

So far as appears to her Majesty's government, the Secretary of State of 
the United States exercises, upon the reports of spies and informers, the power 
of depriving British subjects of their liberty, of retaining them in prison, or 
liberating them, by his own will and pleasure. 

Her Majesty's government cannot but regard this despotic and arbitrary 
power as inconsistent with the Constitution of the United States, as at 
variance with the treaties of amity subsisting between the two nations, 
and as tending to prevent the resort of British subjects to the United States 
for the purposes of trade and industry. 

Her Majesty's government have therefore felt bound to instruct me to 
remonstrate against such irregular proceedings, and to say that, in their 
opinion, the authority of Congress is necessary in order to justify the arbi- 
trary arrest and imprisonment of British subjects. 

I have the honor to be, sir, with the highest consideration, your most 
obedient, numble servant, 

LYONS. 
Hon. William H. Seward, (&c. 



170 ANNUAL MESSAGE OF THE PEESIDENT. 



3Ir. Seward to Lord Lyons. 

Department of State. 
Washington, October 14, 1861. 

My Lord: I have the honor to acknowledge your lordship's note of the 
present date. 

In that paper you inform me that the British government is much con- 
cerned to find that two British subjects, Mr. Patrick and Mr. Rahming, have 
been brought under arbitrary arrest, and that although her Majesty's minis- 
ters have been advised by you of the release of Mr. Patrick, yet they cannot 
but regard the matter as requiring the very serious consideration of this 
government. 

You further inform me that her Majestj'^'s government perceive that when 
British subjects, as well as American citizens, are arrested, they are tians- 
ferred to a military prison, and that the military authorities refuse to pay 
obedience to a writ of habeas corpus. 

You add that her Majesty's government conceive that this practice is 
directly opposed to the maxim of the Constitution of the United States that 
no person shall be deprived of life, liberty, or property, without due process 
of law. You then observe that her Majesty's government are nevertheless 
willing to make every allowance for the hard necessities of a time of internal 
trouble, and they would not have been surprised if the ordinary securities 
of personal liberty had been temporarily suspended, nor would they have 
complained if British subjects, falling under suspicion, had suffered from the 
consequences of that suspension. But that it does not appear that Congress 
has sanctioned, in this respect, any departure from the due course of law, 
and it is in these circumstances that the law officers of the crown have 
advised her Majesty's government that the arrests of British subjects are 
illegal. 

You remark further, that, so far as appears to her Majesty's government, 
the Secretary of State for the United States examines upon the reports of 
spies, and assumes the power of depriving British subjects of their liberty 
or liberating them by his own will and pleasure; and you inform me that 
her Majesty's government cannot but regard this despotic and arbitrary 
power as inconsistent with the Constitution of the United States, as at 
variance with the treaties of amity subsisting between the two nations, and 
as tending to prevent the resort of British subjects to the United States for 
purposes of trade and industry. You conclude with informing me that upon 
these grounds her Majesty's government have felt bound to instruct you to 
remonstrate against such irregular proceedings, and to say that, in their 
opinion, the authority of Congress is necessary in order to justify the arbi- 
trary arrest and imprisonment of British subjects. 

The facts in regard to the two persons named in your note are as follows: 

Communications from the regular police of the country to the Executive 
at Washington showed that dislo^'al persons in the State of Alabama were 
conducting treasonable correspondence with confederates, British subjects 
and American citizens, in Europe, aimed at the overthrow of the federal 
Union by armed forces actually in the field, and besieging the capital of the 
United States. A portion of this correspondence which was intercepted 
was addressed to the firm of Smith & Patrick, brokers, long established and 
doing business in the city of New York. It appeared that this firm had a 
branch at Mobile ; that the partner. Smith, is a disloyal citizen of the United 
States, and that he was in Europe when the treasonable papers were sent 
from Mobile, addressed through the house of Smith & Patrick, in New York. 
On receivins: this information William Patrick was arrested and committed 



AJ^NUAL MESSAGE OF THE PKESIDENT. 171 

into military custody at Fort Lafayette by an order of the Secretary of War 
of the United States, addressed to the police of the city of New York. 
These proceedings took place on the 28th of August last. 

Eepresentations were thereupon made to the Secretary of State by friends 
of Mr. Patrick to the effect that notwithstanding' his associations he was 
personally loyal to this government, and that he was ignorant of the trea- 
sonable nature of the correspondence which was being carried on through 
the mercantile house of which he was a member. Directions were thereupon 
given b}"^ the Secretary of State to a proper agent to inquire into tlie cor- 
rectness of the facts thus presented, and this inquiry resulted in the estab- 
lishment of their truth. Mr. William Patrick was thereupon promptly 
released from custody by direction of the Secretary of State. This release 
occurred on the thirteenth day of September last. 

On the second daj'^ of September the superintendent of police in the city 
of New York informed the Secretary of State, by telegraph, that he had 
under arrest J. 0. Rahming, who had just arrived from Nassau, where he 
had attempted to induce the owners of the schooner "Arctic" to take cannon 
to Wilm-ington, in North Carolina, for the use of the rebels, and inquired 
what should he do with the prisoner. J. C. Rahming was thereupon com- 
mitted into military custody at Fort Lafayette under a mandate from the 
Secretary of State. This commitment was made on the second day of Sep- 
tember. On the nth day of that month this prisoner, after due inquiry, was 
released from custody on his executing a bond in the penalty of two thousand 
five hundred dollars, with a condition that he should thereafter bear true 
allegiance to the United States, and do no act hostile or injurious to them 
while remaining under their protection. 

I have to regret that, after so long an official intercourse between the 
governments of the United States and Great Britain, it should be necessary 
now to inform her Majesty's ministers that all executive proceedings, whether 
of the Secretary of War or of the Secretary of State, are, unless disavowed 
or revoked by the President, proceedings of the President of the United 
States. 

Certainly it is not necessary to announce to the British government now 
that an insurrection, attended by civil and even social war, was existing in 
the United States when the proceedings which I have thus related took 
place. But it does seem necessary to state, for the information of that gov- 
ernment, that Congress is, by the Constitution, invested with no executive 
power or responsibility whatever; and,/)n the contrary, that the President of 
the United States is, by the Constitution and laws, invested with the whole 
executive power of the government, and charged with the supreme direction 
of all municipal or ministerial civil agents, as well as of the whole land 
and naval forces of the Union; and that, invested with those ample powers, 
he is charged by the Constitution and laws with the absolute duty of sup- 
pressing insurrection as well as of preventing and repelling invasion; and 
that for these purposes he constitutionally exercises the right of suspending 
the writ of habeas corpus whenever and wheresoever and in whatsoever extent 
the public safety, endangered by treason or invasion in arms, in his judg- 
ment requires. 

The proceedings of which the British government complain were taken 
upon information conveyed to the President by legal police authorities of 
the country, and they were not instituted until after he had suspended the 
great writ of freedom in just the extent that, in view of the perils of the 
State, he deemed necessary. For the exercise of that discretion he, as well 
as his advisers, among whom are the Secretary of War and the Secretary of 
State, is responsible by law before the highest judicial tribunal of the 
republic, and amenable also to the judgment of his countrymen and the 
enlightened opinion of the civilized world. 



172 ANNUAL MESSAGE OF THE PRESIDENT. 

A candid admission contained in your letter relieves me of any necessity 
for showing that the two persons named therein were neither known nor 
supposed to be British subjects when the proceedings occurred, and that in 
every case subjects of her Majesty residing in the United States, and under 
tlieir protection, are treated during the present troubles in the same manner 
and with no greater or less rigor than American citizens. 

The military prison which w^as used for the temporary detention of the 
suspected parties is a fort constructed and garrisoned for the public defence. 
The military officer charged with their custody has declined to pay obedience 
to the writ of habeas corpus, but the refusal was made in obedience to an 
express direction of the President, in the exercise of his functions as com- 
mander-in-chief of all the land and naval forces of the United States. Although 
it is not very important, it certainly is not entirely irrelevant to add that, so 
far as I am informed, no writ of habeas corpus was attempted to be served, 
or was even sued out or applied for in behalf of either of the persons named ; 
although in a case not dissimilar the writ of habeas corpus was issued out 
in favor of another British subject, and was disobeyed by direction of the 
President. 

The British government have candidly conceded, in the remonstrance be- 
fore me, that even in this country, so remarkable for so long an enjoyment, 
by its people of the highest immunities of personal freedom, war, and es- 
pecially civil war, cannot be conducted exclusively in the forms' and with 
the dilatory remedies provided by municipal laws which are adequate to the 
preservation of public order in a time of peace. Treason always operates, if 
possible, by surprise, and prudence and humanity therefore equally require 
that violence concocted in secret shall be prevented if practicable by unu- 
sual and vigorous precaution. I am fully aware of the inconveniences which 
result from the practice of such precaution, embarrassing communities in 
social life, and affecting perhaps trade and intercourse with foreign nations. 
But the American people, after having tried in every way to avert civil war, 
have accepted it at last as a stern necessity. Their chief interest, while it 
lasts, is not the enjoyments of societ}', or the profits of trade, but the saving 
of the national life. That life saved, all the other blessings which attach to it 
will speedily return, with greater assurance of continuance than ever before. 
The safety of the whole people has become, in the present emergency, the 
supreme law, and so long as the danger shall exist, all classes of society 
equally, the denizen and the citizen, cheerfully acquiesce in the measures 
which that law prescribes. • 

This government does not question the learning of the legal advisers of 
the British crown or the justice of the deference which her Majesty's gov- 
ernment pays to them. Nevertheless the British government will hardly ex- 
pect that the President will accept their explanations of the Constitution of 
the United States, especially when the Constitution, thus expounded, would 
leave upon him the sole executive responsibility of suppressing the existing 
insurrection, while it would transfer to Congress the most material and in- 
dispensable power to be employed for that purpose. Moreover, these ex- 
planations find no real support in the letter, much less in the spirit, of tlie 
Constitution itself He must be allowed, therefore, to prefer and be gov- 
erned by the view of our organic national law, which, while it will enable 
him to execute his great trust with complete success, receives the sanction 
of the highest authorities of our own country, and is sustained by the gen 
eral consent of the people, for whom alone that Constitution was established 

I avail myself of this opportunity to offer to your lordship a renewed as 
surance of my very high consideration. 

WILLIAM H. SEWARD. 

The Right Hon. Lord Lyons, &c. 



ANNUAL MESSAGE OF THE PRESIDENT 173 

Mr. Seward to Lord Lyons. 

Department of State, 
Washington, October 14, 1861. 

My Lord: I have had the honor to receive your note of the 12th instant, 
in answer to mine of the 4th, relative to the carriage of passengers and 
private letters in vessels of war of foreign powers to and from ports of the 
United States under blockade. 

In reply, I have the honor to acquaint you that no complaint has been 
made to this department that any British vessel had indulged in this practice ; 
but insomuch as such a proceeding, if acquiesced in at all by this govern- 
ment, would defeat the objects of the blockade, it was deemed advisable to 
address a circular upon the subject to the representatives here of the prin- 
cipal maritime powers. No objection is entertained to the transmission, 
through the channel of vessels of war of friendly powers, of any official 
correspondence with the agents of those powers in blockaded ports. 

I avail myself of this occasion to offer to your lordship a renewed assu- 
rance of my high consideration. 

WILLIAM H. SEWARD. 

The Right Hon. Lord Lyons, <fic., d:c., <&c. 



Mr. Seward to Lord Lyons. 
CIECULAE. 



Department of State, 
Washington, October 16, 1861. 

My Lord: The judge of the court of the United States for the southem 
district of New York having recently decided, after elaborate argument of 
counsel, that the law of blockade does not permit a vessel in a blockaded 
port to take on board cargo after the commencement of the blockade, with a 
view to avoid any future misunderstanding upon this subject, you are in- 
formed that the law, as thus interpreted by the judge, will be expected to be 
strictly observed by all vessels in pdl'ts of insurgent States during their 
blockade by the naval forces of the United States. 

I avail myself of this occasion to offer to your lordship a renewed assurance 
of my high consideration. 



WILLIAM H. SEWARD. 



The Right Hon. Lord Lyons, &c., &c., &c. 



Lord Lyons to Mr. Seward. 



Washington, October 17, 1861. 

Sir: I beg to offer you my thanks for the note dated the 14th instant, 
which you have done me the honor to write to me in answer to that dated 
the 12th instant, which I addressed to you on the subject of transmitting 
oflScial correspondence by her Majesty's ships of war to the blockaded ports. 

It is with reluctance that I importune you further in this matter. But as 
I am very anxious to avoid all risk of misapprehending your wishes, I venture 



174 ANNUAL MESSAGE OF THE PRESIDENT. 

to ask you whether I am right in understanding' that you have no objection 
to my sending to the blockaded ports, by her Majesty's ships of war, not only 
British official correspondence with British authorities, but also the official 
correspondence of other powers friendly to the United States, with the agents 
of the same powers in the southern States. 

I have the honor to be, with high consideration, sir, your most obedient, 
humble servant, 

LYONS. 

The Hon. William H. Seward, dbc, &c., &c. 



Mr Seward to Lord Lyons. 

Department of State, 
Washington, October 18, 1861. 

My Lord: I have the honor to acknowledge the receipt of your note of 
yesterday, and to state, in reply, that it was intended in my previous commu- 
nication, to which it refers, to say that official correspondence of other powers 
with the agents of those powers in blockaded ports, as well as that of British 
authorities with their agents, might be sent by British vessels of war. 
I am, &c., 

WILLIAM H. SEWARD. 
The Right Hon. Lord Lyons, &c., &c., &c. 



Lord Lyons to 3Ir. Seward. 



Washington, October 23, 1861. 

Sir: Having received information that a bag of despatches addressed by 
her Majesty's acting consul at Richmond, in Virginia, to her Majesty's consul 
at New York had been taken from a gentleman of the name of Crosse, at 
Baltimore, and sent to General Dix, I directed Mr. Bernal, her Majesty's 
consul at the latter place, to make inquiries of the general on the subject. 
You will perceive by the enclosed copy of a despatch from Mr. Bernal that 
the general referred him to you. I therefore do myself the honor to ask you 
to be so kind as to favor me with such information as it seems proper that 
I should receive with regard to the seizure of the despatches in question. 

I have the honor to be, with high consideration, sir, your most obedient, 
humble servant, 

LYONS. 



Mr. Bernal to Lord Lyons. 

British Consulate, 
Baltimore, October 22, 1861. 

My Lord: In pursuance of the instructions in your lordship's despatch of 
the 19th (received this morning) having reference to the reported seizure 
of a bag of despatches, I proceeded to Fort McHenry, where I had an inter- 
view with General Dix. I asked him to be good enough to inform me if it 



ANNUAL MESSAGE OF THE PRESIDENT. 175 

■was true that on or about the 16th instant a hag of despatches,, addressed 
to her Majesty's consul in New York by her Majesty's acting consul at 
Richmond, was taken away from Mr. Thomas Crosse, a British subject, by 
the provost marshal in this city, and sent to him. General Dix replied very 
briefly that he must decline giving me any information, and referred me to 
Mr. Seward. In order that there should be no mistake, I repeated my ques- 
tion, and received the same answer. 
I have, &c., 

F. BERNAL. 



3fr. Seward to Lord Lyons. 

Department of State, 
Washington, October 24, 1861. 

My Lord: I have the honor to acknowledge the receipt of your note of 
yesterday, requesting information in regard to a bag supposed to contain 
despatches from the acting British consul at Richmond, addressed to Mr. 
Archibald, the British consnl at New York, which bag was taken from a 
man named Cross by the provost marshal of Baltimore. 

In reply, I have the honor to inform you that having received information 
from General Dix that such a bag had been found concealed in the trunk of 
a man of that name — a spy of the insurgents, who escaped before he could 
be arrested — I directed the general to forward it hither. On its arrival, 
although it had a label attached to it, addressed to Mr. Archibald, and the 
words on her Britannic Majesty's service, there was nothing to identifj' it 
as having been forwarded by the British vice-consul at Richmond. This 
circumstance, in connexion with those under which the bag was brought 
through the military lines of the United States, naturally occasioned doubts 
as to its containing official correspondence. I consequently directed the 
bag to be opened, when it pi'oved to contain not a single communication for 
Mr. Archibald, or for any other officer of the British government on this con- 
tinent. It did contain a few apparently official letters to functionaries of 
the British government at London. These were promptly forwarded, as re- 
ceived, to Mr. Adams, with directions to cause them to be delivered to their 
address. 

The other contents of the bag are, and will be, retained here. It is 
unnecessary to specify their character. I will only add that they are such 
as no consul, or acting consul, of a foreign government has a right to for- 
ward in any way from a place in rebellion against this government. 

I avail myself of this occasion to oifer to your lordship a renewed assu- 
rance of my very high consideration. 

WILLIAM H. SEWARD. 

To Lord Lyons. 



Lord Lyons to Mr. Seivard. 



Washington, October 28, 1861, 

Sir : Her Majesty's government have had under their consideration the 
note which I had the honor to address to you on the 22d ultimo, with the 
despatch from Mr. Consul Archibald which accompanied it. 



176 ANNUAL MESSAGE OF THE PEESIDENT. 

Her Majesty's government have learned with much surprise, from those 
papers, the cruel treatment to which the nine British seamen who were 
imprisoned in Fort Lafayette were subjected by the United States author- 
ities. Her Majesty's government are unable to comprehend the grounds on 
which persons, who were accused of no offence, were confined in irons and 
treated as criminals ; and although it has been satisfactory to them to learn, 
from the answer which you did me the honor to make to my representations 
on the subject, that orders were given for the release of these men, yet her 
Majesty's government cannot but consider that some amends are due to 
them for the sufferings to which they were thus causelessly exposed. Her 
Majesty's government have accordingly instructed me to bring the matter 
again to the notice of the government of the United States, and to express 
their hope that due compensation may be awarded to the sufferers. 

I have the honor to be, with the highest consideration, sir, your most 
obedient, humble servant, 

LYONS. 



Mr. Seward to Mr. Adams. 



No. 122.] Department of State, 

Washington, November il, 186L 

Sir : The case in regard to pirates engaged by the insurgents in this 
country practically stands thus: every naval power, and every commercial 
power except one, practically excludes them from their ports, except in dis- 
tress, or for a visit of any kind longer than twenty-four hours, and from 
supplies, except of coals, for twenty-four hour's consumption. 

Great Britain, as we are given to understand by the answer of Earl 
Russell, allows these pirates to visit her ports and stay at their own pleasure, 
receiving supplies without restriction. 

We find it difficult to believe that the government of Great Britain has 
constituted this exception with full deliberation. I intimated in a preced- 
ing despatch. No. 112, a hope that the subject might be reconsidered before 
it should be necessary for us to consider what remedies we can adopt to 
prevent the evils which must result to our commerce from the policy thus 
indicated by Great Britain. I have consulted on the subject with Lord 
Lj'ons, and he may perhaps communicate with his government thereupon. 
Meantime, I am directed by the President to instruct you to recall the atten- 
tion of her JVIajesty's government to the question, under the inlJuences of a 
spirit of peace and friendship, and with a desire to preserve what remains 
of a commerce mutually important to both countries. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Charles Francis Adams, Esq., c&c, d;c., &c. 



ANNUAL MESSAGE OF THE PRESIDENT. 177 

. CASE OF THE PERTHSHIRE. 

Lord Lyons to Mr. Seward. 

British Legation, 
Washington, D. C, October 11, 1861. 

Sir : I have the honoi' to transmit to you a copy of a memorial addressed 
to Earl Russell, her Majesty's principal secretary of state for foreign affairs, 
by Mr. William Gray, owner of the British ship " Perthshire," which appears 
to have been interfered with by United States ships-of-war. I am directed 
by Lord Russell to ask the government of the United States for an explana- 
tion. 

I have the honor to be, with high consideration, sir, your most obedient, 
humble servant, 

LYONS. 

Hon. W. H. Seward, SfO., S^., ifc. 



Mr. Gray to Earl Russell. 

Hartlepool, August 28, 1861. 

My Lord : I take the liberty of directing your lordship's attention, in your 
official capacity as secretary of state for foreign affairs, to the following facts 
connected with the seizure and detention by a United States steamship of 
the ship " Perthshire," of the port of Hartlepool, whilst engaged in lawful 
commerce upon the high seas, and to request that your lordship will, through 
the British ambassador at Washington, bring the case before the govern- 
ment of the United States, and demand compensation for the loss I have 
sustained by the detention of my ship, and which loss I estimate at the sum 
of two hundred pounds sterling, besides rendering void all insurances 
effected upon the ship, her cargo and freight, (of the gross value of forty 
thousand pounds sterling,) by compelling the ship to deviate from her 
voyage. 

The " Perthshire," a ship of 810 tons register, was chartered by a mer- 
chant in Liverpool, in March last, to proceed in ballast from Grimsby to 
Pensacola, and there load a cargo of timber for the United Kingdom ; the 
charterer, however, having the option, through his agent at Pensacola, of 
ordering the ship to Mobile to load cotton for Liverpool at a lump sum of 
£2,300. 

The ship sailed from Grimsby in March last, and on the 13th of May was 
making for the harbor of Pensacola, when she was ordered to heave to by 
the commander of the United States steamship " Niagara." She was boarded 
by Lieutenant Brown, boarding officer, who informed Captain Gates, of the 
" Perthshire," that Pensacola was blockaded, and indorsed the vessel's 
register as follows : 

"Boarded by the United States squadron May 13, 1861, and warned not 
to enter the harbor of Pensacola. 

"GEORGE BROWN, 

"Lieut. United States Navy, Boarding Officer." 

Ex. Doc. 1 12 



178 ANNUAL MESSAGE OF THE PRESIDENT. 

In reply to the inquiry of Captain Gates, the lieutenant informed him that 
Mobile was not blockaded. The ship then proceeded to Mobile, where she 
arrived on the 14th May. Mobile was not blockaded until May 26. At 
Mobile the "Perthshire" loaded a cargo of cotton for Liverpool, and pro- 
ceeded to sea on May 31 ; outside the port she was again boarded by the 
boarding officer of the United States steamship " Niagara," who examined 
his [her] clearances, expressed himself satisfied with them, and said the 
ship might proceed on her voyage. She proceeded with light and variable 
winds until the 9th of June, when she was boarded by the boarding officer 
of the United States ship " Massachusetts," who, after communicating with 
his ship, sent a prize crew of 29 men and 2 officers on board the " Perth- 
shire," who took possession of the ship and all the captain's papers, hauled 
down the British flag and hoisted the United States flag. They altered the 
course of the ship, and took her back towards Pensacola, off which place, 
on the 12th of June, after sailing about 200 miles back, they fell in with 
the United States squadron, the commander of which ordered the "Perth- 
shire's" release, witliout, however, making any compensation for the deten- 
tion to which she had been subjected, nor for the ship's stores, consisting of 
tea, coffee, and sugar, used by the prize crew whilst on board the " Perth- 
shire." 

On the ship being released, the captain's papers were returned to him, 
and his clearance indorsed as follows : 

"Boarded June 9, 1861, by the United States steamship 'Massachusetts,' 
detained under note 159, page 339, Vattel's Law of Nations ; liberated by 
commanding officer of the Gulf squadron J-une 12, 1861." 

This indorsement was without any signature. 

A paper was given to the captain of the "Perthshire," on which was 
written, also without signature, as follows : 

" Vattel's Law of Nations. Sir Walter Scott's Opinion. Note 159, page 
339, article 3. Things to be proved: 

" 1. The existence of a blockade. 

" 2. The knowledge of the party supposed to have offended, 

" 3. Some act of violation." 

Such, ray lord, is a plain, unvarnished statement of the facts connected 
with this extraordinary seizure and detention. The ship having reached her 
destination safely pi'events a discussion as to liability in the event of loss 
after the deviation in the voyage, but which the Liverpool underwriters say 
they would have been exempted from had such taken place. 

The ground upon which I base ray claim for £200 is as follows: The ship 
had been nine days at sea when she was seized. She was taken back almost 
to the place from which she first started, and three dnjs after that (or twelve 
days from leaving Mobile) she was as far from Liverpool as on the 31st of 
May, when she sailed from Mobile. Her freight was about £550 per month, 
and twelve days at that rate is about the sum I claim. 

The case of the " Perthshire," my lord, has been commented upon by all 
the leading journals in Great Britain, and without exception they pronounce 
it a case in which our government ought to make a demand for damages. I 
venture to hope, therefore, that your lordship will take such steps with 
regard to this matter as will prevent a repetition of improper interference 
with British ships, and at the same time obtain for me the reasonable and 
fair compensation I claim. 
I have, &c. 

WILLIAM GRAY, 
Oioner of the ship ".Perthshire." 

The Right Hon. Earl Russell, Sfc, !^., S^-c. 



ANNUAL MESSAGE OF THE PRESIDENT. 179 



Mr. Seward to Mr. Welles. 

Department op State, 
Washington, October 19, 1861. 

Sir: I transmit herewith a copy of a note from the British minister of the 
11th instant, and of its accompaniment, respecting an alleged interference 
with the British ship " Perthshire " by vessels of the United States blockading 
squadron. 

I will thank you to furnish me with such information upon the subject as 
will enable me to reply to the note of Lord Lyons. 

I have the honor to be, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Hon. Gideon Welles, 

Secretary of the Navy. 



Mr. Seivard to Lord Lyons. 



Department of State, 
Washington, October 19, 1861. 

My Lord : I have the honor to acknowledge the receipt of your note of 
the 11th instant, accompanied by a copy of a memorial addressed to her 
Majesty's principal secretary of state for foreign affairs, by Mr. William 
Gray, owner of the British ship Perthshire, alleged to have been interfered 
with by United States ships-of-war. 

A copy of those papers has been transmitted to the Secretary of the Navy 
with a view to a proper investigation of the matter. When the reply of 
that officer, shall have been received, I shall lose no time in communicating 
to your lordship the result of the investigation. 

Accept, my lord, the assurance of my high consideration. 

WILLIAM H. SEWARD. 

The Right Hon. Lord Lyons, SfC, 4p£?., 8^. 



Mr. Welles to Mr. Seicard. 



Na\'y Department, October 24, 1861. 

Sir : I have the honor to acknowledge the receipt of your letter of the 
19th instant and enclosures, and to transmit herewith a copy of a report of 
Captain William W. McKean, commanding United States ship Niagara, and 
a copy of a report of Commander Melancton Smith, which contain such in- 
formation as the department possesses in relation to the seizure of the Brit- 
ish ship "Perthshire" by the United States steamer Massachusetts, and her 
subsequent release by order of Captain McKean. 
I am, respectfully, your obedient servant, 

GIDEON WELLES.. 
Hon. William H. Seward, 

Secretary of State. 



180 ANNUAL MESSAGE OF THE PRESIDENT. 



Captain McKean to Commodore Mervine. 

United States Steamer Niagara, 
Off Southwest Pass of Mississippi, September 19, 1861, 

Sir: Your communication of the ITtli instant, with the accompanying 
document, was received on the 18th instant. 

The English ship "Perthshire," Captain James Gates, left the harbor of 
Mobile on the 30th of June, 1861, and was boarded by Lieutenant Spicer, 
from this ship, and passed by my order, the fifteen days allowed by the proc- 
lamation of the President of the United States for neutral vessels to depart 
not having expired. 

I am under the impression that no indorsement was made upon her regis- 
ter, as I did not consider it necessary. 

I arrived off Fort Pickens in the Niagara early on the morning of the 12th 
of June, 1861. A large ship, which proved to be the "Perthshire," had just 
anchored. 

Immediately after the Niagara had come to anchor. Commander M. Smith, 
commanding the United States steamer Massachusetts, came on board and 
reported having captured the Perthshire in latitude 27° 27' and longitude 
85° 31'. 

I stated to Commander Smith that the Perthshii-e had left Mobile within 
the time allowed by the President's proclamation ; that I considered the cap- 
ture illegal, as, by order of the department, no neutral vessel not having on 
board contraband of war, was to be detained or captured unless attempting 
to leave or enter a blockaded port after the notification of blockade had been 
indorsed on her register. I therefore directed him to release the "Perth- 
shire," and to replace such provisions and stores as might have been used 
by the prize crew. 

She was accordingly released and immediately got under way. Commander 
Smith having reported to me that he had not only replaced such provisions 
as had been used, but had also supplied her with water. 

I subsequently received from Captain Adams the report of Commander 
Smith, a copy of which is herewith submitted. It bears no date. 

As I was in hourly expectation of your arrival from Key West, I had fully 
intended reporting the circumstances to you, but it escaped my memory. 
I am, sir, your obedient servant, 

WM. W. McKEAN, Captain. 

Flag Officer William Mervine, 

Commanding Gulf Blockading Squadron, 

United States Steam Frigate ''Colorado^ 



Commander Smith to commanding officer Gulf squadron. 

U. S. Steamer Massachusetts, 

Of Pensacola, Florida. 

Sm: I have to report that on the 9th instant, in latitude 27° 27', and lon- 
gitude 85° 31', I boarded and seized as a prize the English ship " Perth- 
shire," from Mobile, bound to Liverpool, with a cargo of 2,240 bales of cotton; 
3aid ship having been boarded by one of the blockading fleet off Pensacola, 
May 13th, and warned not to enter the harbor. 

Two officers and twenty-nine men were placed on board the prize, and 



*> 



ANNUAL MESSAGE OF THE PRESIDENT. 181 

Mr. Wm. R. Clark, acting master, was directed to proceed with all possible 
despatch and report to the senior commanding officer of the Gulf squadron 
for instructions. 

In addition to the above, I boarded ship Janico from Mobile, ship Carl and 
bark Mary from New Orleans, all loaded with cotton, and with registers 
indorsed; also ship Bramley Moore, from New Orleans, register not in- 
dorsed, but allowed her to proceed upon her voyage, as the time granted 
vessels to clear, according to the notification of blockade, had not expired. 
Very respectfully, 

MELANCTON SMITH, 

Commander. 
The Commanding Officer 

Gulf Squadron, Pensacola. 

[Indorsement by Captain Adams.] 

June 10, 1861. 

At the time the Perthshire was boarded from this ship and ordered off 
from Pensacola there was no blockade of Mobile or the Mississippi river. 

H. A. ADAMS, 
Captain U. S. Frigate " Sabine." 



Mr. Seward to Lord Lyons. 



Department of State, 
Washington, October 24, 1861. 

My Lord: Your letter of the 11th of October last, presenting the claim 
of Mr. William Gray, owner of the British ship " Perthshire," for damages 
incurred by the detention of that vessel by the blockading squadron of the 
United States, was referred by me to the Secretary of the Navy for informa- 
tion upon the subject. 

I have now received the answer of the Secretary of the Navy thereupon, 
which fails to show me that the detention of the Perthshire by Commander 
Smith, commanding the United States steamer Massachusetts, was warranted 
by law or by the President's proclamation instituting the blockade, although 
I am satisfied that that officer acted under a misapprehension of his duties, 
and not from any improper motive. It will belong to Congress to appropriate 
the sum of two hundred pounds, claimed by Gray, which sum seems to me 
not an unreasonable one. The President will ask Congress for that appro- 
priation as soon as they shall meet, and he will direct that such instructions 
shall be given to Commander Smith as will caution him against a repetition 
of the errors of which you have complained. 

I avail myself of this opportunity to renew to your lordship the assurance 
of my high consideration. 

WILLIAM H. SEWARD. 

The Right Hon. Lord Lyons, i^., ^c, Sfv. 



AUSTRIA 



Mr. Seward to Mr. Burlingame. 

[Extracts.] 

No. 2.] Department of State, 

Washington, April 13, 1861. 

Sir : It seems to me that our mission to Austria has not been made as 
useful hitherto as it ought to have been. I think, indeed, that it has generally 
been undervalued, The causes for this are manifest. We are a commercial 
people, and of course cultivate acquaintance first and chiefly with other 
commercial nations. Situated on a long Atlantic coast, and confronting on 
the opposite shore the commercial countries from whence our population was 
first and principally derived, we have naturally fallen into relations with 
them of the most intimate kind. Austria is distant, and it has never been 
a maritime nation. 

To go no further in the review of its history than 1815, the Austrian 
govei'nment has been that one of the great European powers which has 
maintained more studiously, firmly, and persistently than any other, the 
principles of unlimited monarchy, so opposite in their character to the 
principles upon which our own government has been established. 

Again, Austria is not an unique country with a homogeneous people. It 
is a combination of kingdoms, duchies, provinces, and countries, added to 
each other by force, and subjected to an imperial head, but remaining at the 
same time diverse, distinct, and discordant. The empire is therefore largely 
destitute of that element of nationality which is essential to the establish- 
ment of free intercourse with remote foreign States. This absence of 
nationality is observable in the Austrian emigration to the United States. 
We meet everywhere here, in town and country, Italians, Hungarians, Poles, 
Magyars, Jews, and Germans, who have come to us from that empire, but no 
one has ever seen a confessed Austrain among us. So when a traveller 
visits Austria ho passes through distinctly marked countries, whose people 
call themselves by manj' diflFerent names, but none of them indicative of 
their relation to the empire. 

Our representatives at Vienna seem generally to have come, after a short 
residence there, to the conclusion that there was nothing for them to do and 
little for them to learn. ***** 

The President expects that you will be diligent in obtaining not only 
information about political events, but also commercial and even scientific 
facts, and in reporting them to this department. Austria is an interesting 
field for improvement of that kind. Although Lombardy, with other Italian 
provinces, has recently been lost, yet the empire still has a population little 
inferior in number to our own ; and though there are some nations whose 
people are more mercurial, there is no one in the whole world whose inhab- 
itants are more industrious, frugal, cheerful, and comfortable ; none in which 
agriculture derives more wealth from hard soils and ungenial skies ; none 
where science, art, and taste mingle so perfectly with public and private 
economy. An undue portion of the country is mountainous. It has never- 



184 ANNUAL MESSAGE OF THE PRESIDENT. 

theless a richness and variety of mineral and vegetable wealth unequalled 
in any other part of Europe. Many of its productions could, if introduced 
more freely, find a ready consumption here, while, on the other hand, we 
could supply Austria with materials and provisions which are now at greater 
cost received by her from other countries. Many of the Austrian productions 
and fabrics which we do receive come to us through the hands of merchants 
in other European States. 

The insignificance of our commerce with Austria results in a large degree 
from her policy of taxing exports as well as imports, and from monopolies, 
by which she labors to create a national system of navigation. The subject 
is one of great interest, and you can render an important service probably 
to both countries by applying yourself to an examination of it with a view 
to the negotiation of a more liberal treaty than the one now in force. 

Just now a pressure upon this department, incidental to the beginning of 
a new administration, renders it impossible for me to descend into the details 
which must be considered in this connexion. It is, however, a purpose of 
the President that the subject shall be thoroughly investigated, and you will 
in due time be fully instructed. In the meanwhile you are authorized to 
communicate his disposition in this respect to the government of his Imperial 
Koyal Majesty, and to ascertain, if possible, whether it would bo willing to 
enter into a revision of the commercial arranarements now existing between 
the two nations. 

The President is well aware that the government of Austria is naturally 
pre-occupied with political questions of great moment. It must be confessed, 
also, that painful events occurring among ourselves have a tendency to 
withdraw our thoughts from commercial subjects. But it is not to be doubted, 
in the first place, that political embarrassments would in both countries be 
essentially relieved by any improvement of their commerce which could be 
made; and, secondly, that the greater those embarrassments are the more 
merit there will be in surmounting them so far as may be necessary to effect 
that improvement. It certainly is not the intention of the President that 
the progress in material and social improvement which this country has 
been making through so many years shall be arrested or hindered unneces- 
sarily by the peculiar political trials to which it seems likely to be subjected 
during the term for which he has been called to conduct the administration 
of its affairs. 

There is a peculiar fitness in efforts at this time to enlarge our trade in 
the Mediterranean, for it is never wise to neglect advantages which can be 
secured with small expense, and near at home, while prosecuting at great 
cost, as we are doing, great enterprises in remoter parts of the world. I 
would not overlook Italy, Germany, and Hungary, while reaching forth for 
the trade of China and Japan. 

I shall allude to political affairs in Austria only so far as is necessary to 
enable me to indicate the policj^ which the President will pursue in regard 
to them. They present to us the aspect of an ancient and very influential 
power, oppressed with fiscal embarrassments, the legacy of long and ex- 
hausting wars, putting forth at one and the same time efforts for material 
improvement, and still mightier ones to protect its imperfectly combined 
dominion from dismemberment and disintegration, seriously menaced from 
without, aided by strong and intense popular passions within. With these 
questions the government of the United States has and can have no concern. 
In the intercourse of nations each must be assumed by every other to choose 
and will what it maintains, tolerates, or allows. Any other than a course 
of neutrality would tend to keep human society continually embroiled in 
wars, and render national independence everywhere practically impossible. 



ANNUAL MESSAGE OF THE PRESIDENT. 185 

No institutions which can be established in a country through foreign inter- 
vention can give to it security or other advantages equal to those which are 
afforded by the system it establishes or permits for itself; while every nation 
must be regarded as a moral person, and so amenable to the public opinion 
of mankind, that opinion can carry its decrees into effect only by peaceful 
means and influences. These principles, hitherto practiced by the United 
States with great impartiality, furnish rules for the conduct of their repre- 
sentatives abroad, and especially for your own in the critical condition of 
political affairs in the country to which you are accredited. 

This intimation is given so distinctly because an observance of it is pe- 
culiarly important in the present condition of our domestic affairs. We are 
just entering on a fearful trial, hitherto not only unknown, but even deemed 
impossible by all who have not been supposed to regard the career of our 
country, even under auspicious indications, with morbid distrust. 

Ambitious and discontented partisans have raised the standard of insur- 
rection and organized in form a revolutionary government. Their agents 
have gone abroad to seek, under the name of recognition, aid and assistance. 
In this case imprudence on our part in our intercourse with foreign nations 
might provoke injurious, possibly dangerous, retaliation. 

The President does not by any means apprehend that the imperial royal 
government at Vienna will be inclined to listen to those overtures. The 
habitual forbearance of his Majesty, the friendship which happily has always 
existed between the two countries, and the prudence which the government 
of the former has so long practiced in regard to political affairs on this con- 
tinent, foi'bid any such apprehension. 

Should our confidence in this respect, however, prove to be erroneous, the 
remarks which I shall have occasion to make with a different view in this 
paper will furnish you with the grounds on which to stand while resisting 
and opposing any such application of the so-called Confederate States of 
America. 

Vienna, as you are very well aware, is a political centre in continental 
Europe. You may expect to meet agents of disunion there seeking to mould 
public opinion for effect elsewhere. 

I will not detain you with a history of that reckless movement, or with 
details of the President's policy in regard to it. Your experience as a prom- 
inent member of Congress has already furnished the former. The inaugural 
address of the President, with despatches to your predecessor, will be found 
in the archives of the legation, and will supply the latter. 

Certainly I shall not need to anticipate and controvert any complaints of 
injustice, oppression, or wrong, which those agents may prefer against their 
country before foreign tribunals. Practically, the discontented party itself 
administered this government from the earliest day when sedition began its 
incubation until the insurgents had risen and organized their new pro- 
visional and revolutionary government. Never, in the history of the human 
race, has revolution been so altogether without cause, or met with forbear- 
ance, patience, and gentleness so long. 

Nor shall I notice particularly the apprehensions of future injustice and 
oppression which, in the absence of real cause, are put forth as grouuds for 
the insurrection. The revolutionists will find it very hard to make any 
European sovereign, or even any European subject, understand what better 
or further guarantee they could have of all their rights of person and property 
than those which are written in the Constitution of the United States, and 
which have never been by the government of the United States broken or vio- 
lated either in letter or in spirit. They will find it quite as difficult to make 
either a European sovereign or subject understand how they can rea- 



186 ANNUAL MESSAGE OF THE PEESIDENT. 

sonably expect to improve their political security by organizing a new- 
government under a constitution containing substantially the same provi- 
sions as the one they seek to overthrow. 

There is reason to apprehend that the form of argument which the agents 
alluded to will chiefly employ will be an assumption that the independence 
and sovereignty of the new and irregular authority they represent is already 
de facto established. 

If this were true, still you could reply that no public interest of other 
States, nor even any such interest of the new confederacy itself could suffer 
by a delay allowing sufficient time for the government of the United States, 
fully consulting the people, to acknowledge in the first instance the inde- 
pendence so claimed to have been established. The United States have a 
right to require such delay from all friendly powers, and a refusal of it 
would be an act offensive to their dignity and manifestly hostile. There is 
not the least ground to assume that the government of the United States 
would act otherwise than wisely, discreetly, and humanely, when it should 
come to act in such a case. Individual caprice finds no place in a govern- 
ment so entirely popular as ours, and partisan excitement sinks in great 
national emergencies here before the calm considerate judgment of the 
American people pronouncing upon considerations exclusively of their own 
security, freedom, and happiness. They would, indeed, regard the effectual 
dismemberment of the Union as fatal to the highest hopes which humanity 
has ever, with apparent reason, indulged. But they are not visionary nor 
impracticable, and they will not lack even the magnanimity to accept the 
fact of their ruin, and govern themselves in conformity with it, before other 
nations fraternally disposed need to intervene to reconcile them, or, if un- 
friendly, to profit by that last calamity. 

At all events foreign governments may be expected to consult their own 
interests and welfare in regard to the subject in question, even though in- 
diff"erent to the rights and interests of the United States. A premature 
declaration of recognition by any foreign State would be direct intervention, 
and the State which should lend it must be prepared to assume the relations 
of an ally of the projected confederacy and employ force to render the recog- 
nition effectual. 

But, in point of fact, the assumption that the new confederacy has established 
its sovereignty and independence is altogether unfounded. It was projected, 
or favored, by the late administration during the four months that it remained 
in power after the election, which constituted practically an interregnum. 
The new administration, now only forty days old, has practiced forbearance 
and conciliation, relying hitherto, as it will hereafter rely, on the virtue and 
patriotism of the people to rescue the country and the Union from danger by 
peaceful and constitutional means, and content to maintain the authority 
and defend the positions which came into its hands on the fourth of March 
last, without employing coercion, so unnatural, and, as it has hitherto believed 
and still believes, so unnecessary for the national security, integrity, and 
welfare. The so-called confederacy has yet to secure its sovereignty either 
by war or by peace. If it shall, as now seems probable, have determined on 
war, it has only just thrown down the challenge. It must not assume that 
a nation so sound, so vigorous, and so strong as this, although it may for- 
bear long, will not accept such a challenge Avhen there is no alternative. 

The government of the so-called Confederate States have still greater 
perils to incur if they are to establish their separation by the acts and pro- 
cesses proper for peace. They will have at some time to refer themselves 
and all their action to an intelligent people, who will then have had time 
to reflect and to inquire what all this revolution is for, and what good it 



ANNUAL MESSAGE OF THE PRESIDENT. 187 

can produce. They will have to satisfy that people and mankind that a 
republican g'overnment can be stable and permanent which is built on the 
principle that a minority, when defeated in the popular elections, may appeal 
to arms, and that a confederacy can be relied upon by creditors or nations 
that admits the right of each of its members to withdraw from it and cast off 
its obligations at pleasure. 

I have treated the subject as if it were a question of war or of peace in 
the election of the insurrectionists. But, in truth, both the justice and the 
wisdom of the war must in the end be settled, as all questions which concern 
the American people must be determined, not by arms, but by suffrage. 
When, at last, the ballot is to be employed after the sword, then, in addition 
to the pregnant questions I have indicated, two further ones will arise 
requiring to be answered, namely, which party began the conflict, and which 
maintained in that conflict the cause of freedom and humanity. 

The agents of the projected confederacy have hitherto affected to under- 
value the power which the Union can exercise for self-preservation, and they 
may attempt to mislead foreign States on this subject. It is true that the 
government was powerless to resist them so long as it was practically in 
their own hands and managed to favor their designs. Its executive depart- 
ment was panic-stricken, its legislature divided and distracted, its army 
demoralized and betrayed, its fortifications virtually surrendered, its navy 
dispersed, and its credit prostrated. Even the people themselves were 
bewildered by the sudden appearance of su3h unlooked-for and appalling 
dangers. All ibis demoralization is passing away as rapidly as it came on; 
and it will soon appear in this, as in all other cases, that the greatest vigor 
is found combined with the greatest power of elasticity. It will be deeply 
to be regretted if the energy of this great government is to have its first 
serious trial in a civil war, instead of one against a foreign foe. But if that 
trial cannot be averted, it will be seen that resources prudently left unem- 
barrassed are more available than credit in foreign markets; that the loyalty 
of a brave and free people is more reliable than standing armies ; that a good 
cause is worth more than allies, and self-defence is an attribute stronger than 
fortresses. Its assailants will have to defend themselves before an enlight- 
ened people, and even before other nations, at least so far as to show one 
State that the federal Union has actually oppressed or menaced, or one 
citizen who fared the worse for having lived under its authority. 

The agents of the new confederacy it is supposed will ofier more favorable 
conditions to foreign commerce than the United States have thought it wise 
to afford. Such offers may be met with a few direct propositions. The 
sagacity of the federal government is not likely to be found long at fault in 
giving such advantages to the insurrectionists. In the second place, how 
is a revolution to be carried on without taxes ? Are the so-called seceding 
States abler than their sister States to endure direct taxation, or will faction 
reconcile men to burdens that patriotism finds intolerable ? It will be well 
for the so-called confederacy if, instead of making good the promises in this 
respect made in its name, it do not find itself obliged to levy duties as large 
as those of the federal government on imports, and to add to its revenue 
system, what that government never has done, the ruinous feature of taxa- 
tion upon exports. It is easily seen how little such a financial policy will 
commend the new government to the favor of European politicians and 
capitalists. 

But I must draw these instructions to a close. You will on all occasions 
represent that the interests of Europe and of mankind demand peace, and 
especially peace on this continent. The Union is the only guarantee of 
peace. Intervention would be war, and disunion would be only endless 
war. 



188 ANNUAL MESSAGE OF THE PEESIDENT. 

The Union is, moreover, the chief security for the stability of nations. 
When this experiment of self-government shall have failed for want of 
wisdom and virtue enough, either at home or abroad, to preserve it or 
permit it to exist, the people of other countries may well despair and lose 
the patience they have practiced so long under different systems in the 
expectation that the influence it was slowly exercising would ultimately 
bring them to the enjoyment of the rights of self-government. When that 
patience disappears, anarchy must come upon the earth, 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Akson Burlingame, Esq., dc, &c., &c. 



Mr. Jones to Mr. Seward. 
[Extract.] 



No. 20.] Legation of the United States, 

Vienna, April 15, 1861. 

Sir: I have the honor to acknowledge the receipt of your circular, dated 
the 9th of March, 1861. 

I presented the copy of the inaugural address of the President to Count 
Rechberg on the 8th day of April, and at the same time verbally communi- 
cated, in accordance with the instructions contained in said despatch, the 
views and opinions of my government on the present disturbed condition of 
its domestic affairs, and the aspect in which it wished them to be regarded 
by the government of Austria. 

He replied that Austria hoped to see us re-united. That she was not in- 
clined to recognize de facto governments anywhere; her opinions had been 
made, however, and her minister and consuls in America instructed fully on 
the subject; that no application had yet been made to Austria for recogni- 
tion as an independent sovereignty, by any portion of the confederacy of 
the United States, and he was of opinion that, as the views of Austria would 
soon be known on the subject, no such application would be made. Should 
it be otherwise, however, he would notify this legation and the subject 
could be resumed. 

Very respectfully, your obedient servant, 

J. GLANCY JONES. 
Hon. William H. Seward, 

Secretary of State, Washington. 



Mr. Jones to Mr. Seivard. 



No. 22.] Legation of the United States, 

Vienna, July 20, 1861. 

Sir: A few days since Count Eechberg, the imperial royal minister of 
foreign affairs, was interrogated in the house of deputies of the Austrian 
empire on the subject of the course pursued, or about to be pursued, by the 
imperial royal government in relation to American affairs in the present 
complication. The report of his remarks is as follows: 



ANNUAL MESSAGE OF THE PRESIDENT. 189 

Count Rcchberg rose to answer the question, " What measures has the 
government taken to protect its commercial relations with the United States 
of North America, under the warlike condition of things now existing there," 
put by Mr. Putzer and his associates. He said: "The minister of foreign 
affairs has, in connexion with the ministers of trade and the navy, caused 
information to be obtained through the imperial minister resident at Wash- 
ington as to the measures which other governments have taken for the same 
reason. The answer received was, that England and France, as well as 
Holland, had strengthened their squadrons in the American waters, and had 
endeavored to bring the belligerent powers to the recognition of those prin- 
ciples, especially relating to tlie protection of private property, which were 
agreed upon at the congress of Paris in 1856. The imperial government 
has, for the present, abstained from sending ships-of-war, and has directed 
the minister resident to obtain from the belligerent powers the recognition 
of the following points established by the said congress: 

" 1. The neutral flag covers enemy's goods, with the exception of contra- 
band of war. 

" 2. Neutral goods, with the exception of contraband of war, are not liable 
to capture under enemy's flag. 

"3. Blockades, in order to be binding, must be effective; that is to say, 
maintained by a force sufficient really to prevent access to the coast of the 
enemy. 

" The government hopes, on account of the friendly relations which have 
existed between it and the American States for years, to obtain the recogni- 
tion of these three points on the part of the belligerents." 

In an interview with Count Rechberg a day or two ago, he expressed to 
me a hope that the answer might be deemed satisfactory to my government, 
as it was his wish to make it so. I replied that, so far as I was advised, no 
exception could be taken to his language, but that I should transmit to my 
government both the question and answer, and if they had anything to say 
they would make it known to him through their minister here. He repeated 
his strong desire to see the integrity of the Union preserved in America, and 
said Austria was anxious to cultivate the most friendly relations with us, 
and would be the last to aid or abet any movement looking to the disruption 
of our confederacy, or weakening its power. 

Very respectfully, your obedient servant, 

J. GLANCY JONES. 

Hon. William H. Seward, 

Secretary of State, Washington. 



Mr. H'ulsemann to Mr. Seward. 



Austrian Legatiox, 
Washington, August 1, 1861. 

The undersigned, in pursuance of the understanding come to this morning, 
has the honor to transmit to the honorable Secretary of State a copy of the 
instructions received from Count Rechberg concerning the maritime rights 
of neutrals in time of war; and he takes this opportunity to renew his offer 
of high consideration to the honorable Secretary of State 

HULSEMANN 
Hon. William H. Seward, 

Secretary of State of the United States. 



190 AlWUAL MESSAGE OF THE PEESIDENT. 

Baron Jlechberg to Mr. Eulsemann. 
[Translation.] 

No. 6993.— H.] Vienna, July 1, 1861. 

Sir: With deep regret we continue to follow events in the United States 
which, shaking the foundations of the Union, have effectively taken the 
character of an active warfare between powers; whence it has ensued that 
friendly nations, for the protection of their own commerce and navigation, 
are placed reluctantly in such position that they must reclaim their rights 
as neutrals. 

You already know by my despatch of 14th June of last year what princi- 
ples of international law bearing upon the questions of maritime rights in 
time of war we relied upon as between us and the government of the Union, 
whether under the provisions of old treaties, or under more recent arrange- 
ments; inasmuch as we have given our adhesion to the Paris declaration of 
maritime rights in 1856, as tending to improve the heretofore ill-advised 
mode of dealing with the political fluctuations that lie before us. 

Albeit the government of the Union did not explicitly and at once accept, 
upon the first invitation, the declaration of the European powers, yet we 
still entertain an earnest expectation that such subsequent express assent 
may be given, as the abrogation of all hindrance to the security of private 
property on the seas was established on the broadest grounds. 

By a proposal which, unfortunately, was not accepted on the other side, 
we, however, as you know, were always ready and willing to sustain the 
principle. 

We await, however, in friendly expectation, at least, the express recogni- 
tion of the second, third, and fourth principles of the Paris declaration on 
the part of the United States quite distinctly from that, because the govern- 
ment of the Union, on different occasions, has not only plainly expressed 
these principles in manner more or less forcible, but has upon its own 
motion set them forth and explicitly maintained them. 

We therefore rest securely in the belief that we may soon receive a satis- 
factory communication upon this subject, and that under the high authority 
of the President, administering the relations of his government, the above 
mentioned three principles will be authentically asserted by the United 
States. But you also have it in express charge to invite the earnest atten- 
tion of the Secretary of State to the matter, and to take the same steps as 
we see reason to adopt with the other European powers in what may be 
regarded as definitively settled. 

You will, I hope, carry this important question through to a favorable 
close, and I present you the assurances of my cordial sympathies. 

RECHBERG. 

His Excellency the Chevalier Hulsemann, Sfc, Sfc, Sfc, Washington. 



Mr. Seward to Mr. Hulsemann. 

* Department of State, 

Washington, August 22, 1861. 
The undersigned, the Secretary of State of the United States, has the 
honor to acknowledge the receipt of a communication from Mr. Hulsemann, 



ANNUAL MESSAGE OF THE PEESIDENT. 191 

minister resident of his imperial royal Majesty the Emperor of Austria, 
bearing- date tth August, instant. Mr. Hiilseraann's letter is accompanied 
by an instruction sent to him by Count Kechborg, the Austrian minister for 
foreign affairs, calling for information on the subject of the views of this 
government concerning the rights of neutrals in maritime war. Count 
Ilechberg expresses a hope that the government of the United States will 
give assurances that it adopts and will apply the 2d, 3d, and 4th principles 
of the declaration of Paris, viz: 

2. The neutral flag covers enemy's goods, with the exception of contra- 
band of war. 

3. Neutral goods, with the exception of contraband of war, are not liable 
to capture under enemy's flag. 

4. Blockades, in order to be binding, must be efiective; that is to say, 
maintained by a force sufficient really to prevent access to the coast of the 
enemy. 

The undersigned has great pleasure in assuring Mr. Hiilsemann that this 
government does adopt, and that it will apply the principles thus recited 
and set forth, and that its liberal views in this respect have not only been 
long held, but they would have been formally communicated to the Austrian 
government several months ago but for the delay which has unavoidably 
occurred in the arrival of a newly appointed minister plenipotentiary at 
Vienna. 

Of course the principles referred to are understood by the United States 
as not compromitting their right to close any of their own ports for the 
purpose of suppressing the existing insurrection in certain of the States, 
either directly or in the more lenient and equitable form of blockade which has 
already for some time been established. 

Mr. Motley, who proceeds immediately to Vienna as envoy extraordinary 
and minister plenipotentiary of the United States, will be directly advised 
of this communication, while he will be charged with more ample instruc- 
tions on the general subject involved. 

The undersigned avails himself of this occasion to tender assurances of 
the good will of this government towards the government of Austria, and 
of his distinguished consideration for Mr. Hiilsemann personally. 

WILLIAM H. SEWARD. 

The Chevalier Hulsemanx, ^., ^c, Sfc. 



Mr. Seward to Mr. Jones. 



No. 14. J Departsient of State, 

Washington, August 12, 1861. 

Sir: Your despatch of the 20th of July, No. 22, has just been received. 

Owing to the change of Mr. Burlingame's destination, the instructions he 
conveyed have failed to reach your legation. A new appointment has just 
now been made in the person of Mr. Motley, v/ho will, without much delay, 
proceed to relieve you of the mission which you have conducted so satis- 
factorily during the period of my connexion with this department. 

Mr. Motley will have full powers to treat with the government of Austria 
on all the matters discussed by Count Rechberg in the speech to which, by 
his direction, you have called my attention, and I am sure that they will be 
disposed of to the entire satisfaction of Austria, as well as for the common 
advantage of both countries. 



192 ANNUAL MESSAGE OF THE PRESIDENT. 

In the meantime, however, you are authorized to say to Count Rechberg 
that the United States adhere now, as heretofore, to the three principles 
enunciated by him in that speech, namely: 

1. The neutral flag covers enemy's goods, with the exception of contra- 
band of war. 

2. Neutral goods, not contraband of war, are not liable to confiscation 
under enemy's flag. 

3. Blockades, in order to be binding, must be efiective. 

Of course these principles are understood by us as not compromitting our 
right to close any of our own ports for the purpose of suppressing the exist- 
ing insurrection, either directl}-- or in the more lenient and equitable form 
of blockade which we have already some time since established. 

You will not fail to assure the imperial royal government that the Presi- 
dent had received with great satisfaction the assurances of the just pur- 
poses and good will of Austria towards the United States, communicated 
by Count Rechberg to yourself, and repeated by Mr. Hiilseniann, the minister 
of Austria residing at this capital. 

It shall be our purpose to cultivate the best understanding with all 
nations which respect our rights as Austria does. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

J. Glancy Jones, Esq., &fc., SfC, !fc. 



Mr. Seward to Mr. Motley. 



No. 2.] Department of State, 

Washington, August 27, 186L 

Sir: The despatch of your predecessor, Mr. Jones, No. 23, dated August 
6, has been received and read with much interest. It relates, however, 
exclusively to the affairs of Austria, and does not seem to require any 
special remark from me at the present moment, when the attention of this 
department is so largely engrossed by the concerns of our own country at 
home as well as in foreign countries. 

Should Mr. Jones be still remaining at Vienna when this communication 
arrives, you will express to him the entire satisfaction with which his con- 
duct of the legation since it has fallen under the review of the present 
administration is regarded by the government of the United States. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

J. Lothrop Motley, Esq., SfC, Sfc, Vienna. 



Mr. Seward to Mr. Molley. 



No. 4.] Department of State, 

Washington, September 20, 1861. 
Sir: The despatch, No. 24, of your predecessor, Mr. Jones, under date of 
August, has been received. I send you a copy of my la>test instructions to 
Mr. Adams and Mr. Dayton on the subject of the proposed accession to the 
declaration of the congress at Paris. You will learn from these papers that 
the negotiations for that object Avith the governments of Great Britain and 



ANNUAL MESSAGE OF THE PRESIDENT. 193 

France have been arrested, as well as the manner of suspension, and the 
reasons for it. You will already have discovered for yourself that this sus- 
pension of the negotiation with those two powers must operate, to a certain 
extent, upon the dispositions in the same respect of other European States, 
although it does not at all modify the views of this government. So far as 
sucli other European powers are concerned, all that remains to be said is, 
that acting in good faith we will cheerfullj^ enter into convention with any 
State that may desire to receive our accession at this time, and that we 
shall not, at present, urge our proposition on those States which, for any 
reason of their own, may propose to await a more convenient season. 

You will inform Count Rechberg that the friendly sentiments of this gov- 
ernment towards Austria remain unchanged. 
T am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

J. LoTHROP Motley, Esq., S^:., &f?., SfC., Vienna. 



Ex. Doc. 1 13 



i 



FRAKCE. 



Mr. Seward to Mr. Dayton. 

No. 3.] Depaktment of State, 

Washington, April 22, 1861. 

Slr: Yon enter a very important foreign mission at a moment when our 
domestic affairs have reached a crisis which awakens deep solicitude. 
Throughout a period of eighty years law and order have prevailed, and in- 
ternal peace and tranquillity have been undisturbed. Five months ago 
sedition showed itself openly in several of the southern States, and it has 
acted ever since that time with boldness, skill, and energ3^ An insurrec- 
tionary government, embracing seven members of this Union, has been pro- 
claimed under the name of the Confederate States of America. That 
pretended authority, by means chiefly of surprise, easily seen here to have 
been unavoidable, although liable to be misunderstood abroad, has possessed 
itself of a navy yard, several fortifications and arsenals, and considerable 
quantities of arms, ordnance, and military stores. On the 12th of April, 
instant, its forces commenced an attack upon, and ultimately carried, Fort 
Sumter, against the brave and heroic resistance of a diminutive garrison, 
which had been, through the neglect of the former administration, left in a 
condition to prevent supplies and re-enforcements. 

Owing to the very peculiar construction of our system, the late adminis- 
tration. Congress, and every other department of the federal government, 
including the army and the navy, contained agents, abettors, and sympa- 
thizers in this insurrection. The federal authorities thus became inefficient, 
while large portions of the people were bewildered by the suddenness of 
the appearance of disunion, by apprehension that needless resistance might 
aggravate and precipitate the movement, and by political affinities with 
those engaged in it. 

The project of dismembering the Union doubtless has some support in 
commercial and political ambition. But it is chiefly based upon a local, 
though widely extended partisan disappointment in the result of the recent 
election of President of the United States. It acquired strength for a time 
from its assumed character of legitimate opposition to a successful party, 
while, on the other hand, that party could not all at once accept the fact that 
an administrative political issue had given place to one which involved the 
very existence of the government and of the Union. These embarrassments 
are passing away so rapidly as to indicate that far the greater mass of the 
people remain loyal as heretofore. The President improved the temporary 
misfortune of the fall of Fort Sumter by calling on the militia of the States 
to re-enforce the federal army, and summoning Congress for its counsel and 
aid in the emergency. On the other hand, the insurrectionists have met 
those measures with an invitation to privateers from all lands to come 
forth and con;imit depredations on the commerce of the country. 

To take care that the government of his Majesty the Emperor of France 
do not misunderstand our position, and through that misunderstanding do 



196 ANNUAL MESSAGE OF THE PEESIDENT. 

US some possible wrong, is the chief duty which you will have to perform at 
Paris. 

It would have been gratifying to the President if the movements to which 
I have alluded had taken such a course as to leave this government free 
from the necessity in any event of conferring upon them in the presence of 
foreign powers. In this age of social development, however, isolation even 
in misfortune is impossible, and every attempt at revolution in one country 
becomes a subject of discussion in every other. The agitators in this case 
have, perhaps, not unnaturally carried their bad cause before foreign states 
by an appeal for recognition of the independence they have proclaimed, and 
which they are committed to establish by arms. Prudence requires that 
we oppose that appeal. The President believes that you will be able to do 
this in such a manner as will at once comport with the high consideration 
for his Imperial Majesty which this government habitually entertains, and 
a due sense of the dignity and honor of the American people. 

The Emperor of France has given abundant proofs that he considers the 
people in every country the rightful source of all authority, and that its 
only legitimate objects are their safety, freedom, and welfare. He is versed 
in our Constitution, and, tlierefore, he will not need demonstration that the 
system which is established by the Constitution is founded strictly on those 
very principles. You will be at no loss to show also that it is perfectly 
adapted to the physical condition and the temper, spirit, and habits of the 
American people. In all its essential features it is the same S3^stem which 
was first built, and has since existed with ever renewed popular consent in 
this part of America. The people of this country have always enjoyed the 
personal rights guaranteed by the great statutes of British freedom, repre- 
sentation concurrent with taxation, jury trial, liberty of conscience, equality 
before the laws, and popular suffrage. The element of federation or union 
was early developed while the colonies were under the authority of, and 
during their revolutionary contest with, the British Crown, and was perfected 
afterwards by the establishment of the Constitution of the United States. 
Practically it has been voluntarily accepted by every State, Territory, and 
individual citizen of the United States. The working of the system has 
been completely successful, while not one square mile of domain that we at 
any time had occupied has ever been lost to us. We have extended our 
jurisdiction from the St. Marj^'s river to the Rio Grande, on the Gulf of 
Mexico, and in a wide belt from the Mississippi to the Pacific ocean. Our 
population has swollen from four millions to thirty-one millions. The num- 
ber of our States has increased from thirteen to thirty-four. Our country has 
risen from insignificance to be the second in the world. Leaving out of 
view unimportant local instances of conflict, we have had only two foreign 
wars, and the aggregate duration of them was less than five years. Not 
one human life has hitherto been forfeited for disloyalty to the government, 
nor has martial law ever been established except temporarily in case of 
invasion. No other people have ever enjoyed so much immunity from the 
various forms of political casualties and calamities. 

^ While there is not now, even in the midst of the gathering excitement of 
civil war, one American who declares his dissent from the principles of the 
Constitution, that great charter of federal authority has won the approba- 
tion of the civilized world. Many nations have taken it as a model, and 
almost every other one has in some degree conformed its institutions to the 
principles of this Constitution. The empire of France, and the new kingdom 
of Italy especially, are built on the same broad foundation with that of this 
federal republic, namely, universal suffrage. 

Surely we cannot err in assuming that a system of government which 
arose out of the free consent of the people of this country, which has been 



ANNUAL MESSAGE OF THE PRESIDENT. 197 

often reconsidered and yet continually upheld in preference to every other 
throughout a period of two hundred years, which has commanded the accept- 
ance or the approval of all other nations, and to the principles of which 
even those who attempt to overthrow it adhere in the very heat of insurrec- 
tion, must be regarded as one which is not only well adapted to the condi- 
tion and character of the American people, but is even indispensable and 
inseparable from their national existence. 

Should it be answered that while all this has heretofore seemed true, yet 
that it is now disproved by the existing insurrection, you may truthfully 
repl}' that we must wait for that refutation until we see the end of the in- 
surrection; that the insurrection proves in fact nothing else except that 
eighty years of peace is as much as human nature has the moderation to 
endure under circumstances the most conducive to moderation. 

The attempted revolution is sirapl}' causeless. It is, indeed, equally 
without a reason and without an object. Confessedly there is neither 
reason nor object, unless it be one arising out of the subject of slavery. The 
practice of slavery has been so long a theme of angry political debate, while 
it has all the time been, as it yet is, a domestic concern, that I approach it 
with deep regret in a communication which relates to the action of a repre- 
sentative of this government abroad. I refrain from any observation what- 
ever concerning the morality or the immorality, the economy or the waste, 
the social or the unsocial aspects of slavery, and confine myself, by direc- 
tion of the President, strictl}^ to the point that the attempt at revolution on 
account of it is, as I have already said, without reason and without object. 
Slavery of persons of African derivation existed practically within all the 
European colonies which, as States, now constitute the United States of 
America. The framers of our government accepted that fact, and with it 
the ideas concerning it which were then gaining ground throughout the 
civilized world. They expected and desired that it should ultimately cease, 
and with that view authorized Congress to prohibit the foreign slave trade 
after 1808. They did not expect that the practice of African slavery should 
be abruptly terminated to the prejudice of the peace and the economy of the 
country. Thej^ therefore placed the entire control of slavery, as it was then 
existing, beyond the control of the federal authorities, by leaving it to 
remain subject to the exclusive management and disposition of the several 
States themselves, and fortified it there with a provision for the return of 
fugitives from labor and service, and another securing an allowance of three- 
fifths of such persons in fixing the basis of direct taxation and representa- 
tion. The legislators of that day took notice of the existence of a vast and 
nearly unoccupied region lying between the western borders of the Atlantic 
States and the Mississippi river. A few slaves were found in the south- 
west, and none in the northwest. They left the matter in the southwest to 
the discretion of the new States to be formed there, and prohibited the 
practice of slavery in the northwestern region forever. 

Economical, moral, and political causes have subsequently modified the 
sentiments of that age differently in the two sections. Long ago slavery 
was prohibited by all the northern States, and, on the contrary, the increased 
production of cotton has resulted in fortifying the institution of slavery in 
the southern States. The accretions of domain, by purchase from Spain, 
France, and Mexico, brought regions in which slavery had either a very 
slight foothold, or none at all; and this new domain, as it should come under 
occupation, was to be constituted into new States, which must be either 
free States or slave States. The original States divided according to their 
own divers practices — the free States seeking so to direct federal legisla- 
tion and action as to result in multiplying free States, and the slave States 
so to direct them as to multiply slave States. The interest became more 



198 AJST^UAL MESSAGE OF THE PRESIDENT. 

intense because the several States have equal representation in the Senate 
of the United States. This controversy soon disclosed itself in the popular 
elections, and more distinctly than ever before in the recent canvass, which 
resulted in the accession of the present administration. 

It is now to be observed that, from the earliest agitation of the subject 
until that last election, the decisions of the people were practically favor- 
able to the interest of the class which favored the extension of slavery, and 
yet their opponents always acquiesced. Under these circumstances the 
executive administration, the national legislature, and the judiciary, were 
for practical purposes in the hands of that party, and the laws, with the ad- 
ministration and execution of them, conformed to their own policy. The 
opposite class prevailed in the late election so far as to bring in the Presi- 
dent and Vice-President, the citizens they had preferred, but no further — 
Congress and the judiciary remained under the same bias as before. The 
new President could not assume his trust until the fourth of March, 18G1, 
and even after that time, as before, the laws and the execution of them must 
remain unchanged. He could not, without consent of his opponents iu Con- 
gress, change either, nor appoint a minister or a ministerial officer, nor 
draw a dollar from the treasury even for his own defence or support. It 
was under these circumstances that, on the very day when the election 
closed and its result became known, four months before the new adminis- 
tration was to come in, the disappointed party took their appeal from the 
ballot-box to arms, and inaugurated their revolution. 

I need not further elaborate the proposition that the revolution is without 
a cause ; it has not even a pretext. 

It is just as clear that it is without an object. Moral and physical causes 
have determined inflexibly the character of each one of the Territories over 
which the dispute has arisen, and both parties after the election harmo- 
niously agreed on all the federal laws required for their organization. The 
Territories will remain in all respects the same, whether the revolution 
shall succeed or shall fail. The condition of slavery in the several States 
will remain just the same whether it succeed or fail. There is not even a 
pretext for the complaint that the disaffected States are to be conquered by 
the United States if the revolution fail ; for the riglits of the States, and the 
condition of every human being in them, will remain subject to exactly the 
same laws and forms of administration, Avhether the revolution shall succeed 
or whether it shall fail. In the one case, the States would be federall}'^ con- 
nected with the new confederacy ; in the other, they would, as now, be mem- 
bers of the United States ; but their constitutions and laws, customs, 
habits, and institutions in either case will remain tlie same. 

It is hardly necessary to add to this incontestible statement the further 
fact that the new President, as well as the citizens through whose suf- 
frages he has come into the administration, has always repudiated all de- 
signs whatever and wherever imputed to him and them of disturbing the 
system of slavery as it is existing under the Constitution and laws. The 
case, however, would not be fully presented if I were to omit to say that any 
such eftbrt on his part would be unconstitutional, and all his actions in that 
direction would be prevented by the judicial authority, even though they were 
assented to by Corigress and the people. 

This revolution, thus equally destitute of just cause and legitimate object, 
aims, nevertheless, at the dismemberment of the federal Union, and, if suc- 
cessf^ul, must end in the overthrow of the government of the United States. 
If it be true, as the consent of mankind authorizes us to assume, that the 
establishment of this government was the most auspicious political event 
that has happened in the whole progress of history, its fall must be deemed 
not merely a national calamity, which a patriotic government ought to try 



AlfNUAL MESSAGE OF THE PEESIDENT. 199 

to prevent, but a misfortune to the human race, which should secure for us 
at least the forbearance of all other nations. 

It cannot be maintained that disunion would leave it still existing in its 
true character, and for its proper ends, although in two not very unequal and 
similar parts. Its integrity as a federal government, embracing all of the 
American independent, contiguous, and homogeneous States, protecting them 
all against foreign dangers and internal commotions ; securing to them all 
a common property, greatness, dignity, influence and happiness, is an indis- 
pensable feature of its constitution. 

Dismemberment would be less effectually subversive of the character, 
objects, and purposes of the Union, if the two confederacies, which it is 
proposed shall succeed it, could severally be expected to exercise its great 
functions within their respective dominions. But this would be impossible. 
The several States are now held in union with each other by a confessed obli- 
gation of cohesion that only their common consent could dissolve, and that 
moral law, hitherto acknowledged by all, is substituted for the central mili- 
tarj' authority which, in other systems, secures the integrity as well as the 
peace and harmony of States. But if the revolution shall prevail and dis- 
memberment ensue, the federal obligation in that case will be broken, its 
moral force spent, and in its place there must come up the principles which 
are the acknowledged elements of the revolution, namely, first, that in either 
confederacy each State is at liberty to secede at pleasure ; and secondly, the 
minority in each confederacy^ and even in each State, may, whenever the 
will of the majority is ascertained, take an appeal from the ballot to the 
sword. It is manifest that the success of this revolution would therefore be 
not only a practical overthrow of the entire system of government, but the 
first stage by each confederacy in the road to anarchy, such as so widely 
prevails in Spanish America. The contest, then, involves nothing less than 
a failure of the hope to devise a stable system of government upon the prin- 
ciple of the consent of the people, and working through the peaceful expres- 
sions of their will without depending on military authority. If the President 
were addressing his countrymen at home on this occasion, instead of one of 
their representatives going abroad, he would direct me to set forth the con- 
sequences which obviously must follow the dissolution of the ximerican 
Union. The loss of the ambition, which is a needful inspiration to a great 
people; the loss of the respect of mankind, and the veneration and respect of 
posterity; the loss of the enterprise and vigor which makes us a prosperous 
nation; and with the loss of sustained and constant culture, which makes us 
an intellectual people, the loss of safety, both at home and abroad, which 
directly involves the greatest calamity of all, the loss of liberty It is suffi- 
cient only to allude to these possible evils on this accasion to aff(jrd you the 
grounds for assuring the government of France that the President regards 
the revolution as one which in every event must and will be prevented, since 
it is manifest that the evils which would result from its success would be 
as incurable as they would be intolerable. 

It is, indeed, an occasion of much regret that it has been found needful to 
employ force for this purpose. It is contrary to the genius and the habits 
of the people, as it is repugnant to the sentiments of the government of the 
countr}^ and of mankind. But the President believes that the country will 
accept that alternative with the less regret because sufficient time has been 
allowed to try every expedient of conciliatory prevention, and civil war is 
at last proved to be unavoidable. The responsibility of it must rest with 
those who have not only inaugurated it, but have done so without cause and 
without provocation. The world will see that it is an evil that comes upon 
us not from any necessitj'^ growing out of administration or out of our Con- 
stitution itself, but from a necessity growing out of our common nature. 



200 ANNUAL MESSAGE OF THE PKESIDENT. 

It must not, however, be inferred that the reluctance of the government 
to employ force so long has demoralized the administration or can demoralize 
the American people. They are capable of a high, resolute, and vigorous 
defence of the Union, and they will maintain that defence with only the more 
firmness and fidelity, because they are animated by no hostile spirit, but, nn 
the contrary, by a friendly and even fraternal one, being satisfied that its 
benefits will result equally to those who are engaged in overthrowing and 
those who are engaged in defending the Union. 

I have thus, under the President's direction, placed before you a simple, 
uuexaggerated, and dispassionate statement of the origin, nature, and pur- 
poses of the contest in which the United States are now involved. I have 
done so only for the purpose of deducing from it the arguments you will find 
it necessary to employ in opposing the application of the so-called Confede- 
rate States to the government of his Majesty the Emperor for a recognition 
of its independence and sovereignty. 

The President neither expects nor desires any intervention, or even any 
favor, from the government of France, or any other, in this emergency. 
Whatever else he may consent to do, he will never invoke nor even admit 
foreign interference or influence in this or any other controversy in which 
the government of the United States may be engaged with any portion of 
the American people. It has been simply his aim to show that the present 
controversy furnishes no one ground on which a great and friendly power, 
like France, can justly lend aid or sj'mpathy to the party engaged in insur- 
rection, and therefore he instructs you to insist on the practice of neiitrality 
by the a:overnment of the Emperor^ as all our representatives are instructed 
to insist on the neutrality of the several powers to which they are accredited. 

Not entertaining the least apprehension of the departure from that course 
by his Majesty's government, it is not without some reluctance that the 
President consents to the suggestion of some considerations affecting France 
herself, which you may urge in support of it. France is an agricultural and 
manufacturing country. Her industry depends very largely on a consump- 
tion of her productions and fabrics within the United States, and on the 
receipt, in exchange, of cotton, or other staples, or their equivalent in money, 
from the United States. The ability of the United States to thus consume 
and furnish depends on their ability to maintain and preserve peace. War 
here will in any case be less flagrant, and peace, when broken, will be 
restored all the more quickly and all the more perfectly if foreign nations 
shall have the sagacity, not to say the magnanimity, to practice the neutrality 
we demand. 

Foreign intervention would oblige us to treat those who should yield it as 
allies of the insurrectionary party, and to carry on the war against them as 
enemies. The case would not be relieved, but, on the contrary, would only 
be aggravated, if several European states should combine in that interven- 
tion. The President and the people of the United States deem the Union, 
which would then be at stake, worth all the cost and all the sacrifices of a 
contest with the world in arms, if such a contest should prove inevitable. 

However other European powers may mistake, his Majesty is the last one 
of those sovereigns to misapprehend the nature of this controversy. He 
knows that the revolution of 1175 in this country was a successful contest 
of the great American idea of free popular government against resisting 
prejudices and errors. He knows that the conflict awakened the sympathies 
of mankind, and that ultimately the triumph of that idea has been hailed by 
all European nations. He knows at what cost European nations resisted for 
a time the progress of that idea, and perhaps is not unwilling to confess how 
much France, especially, has profited by it. He will not fail to recognize 
the presence of that one great idea in the present conflict, nor will he mis- 



AM^UAL MESSAGE OF THE PEESIDENT. 201 

take the side on which it will be found. It is, in short, the very principle of 
imiversal suffrage, with its claim to obedience to its decrees, on which the 
government of France is built, that is put in issue by the insurrection here, 
and is in this emergency to be vindicated, and, more effectually than ever, 
established by the government of the United States. 

I forbear from treating of questions arising out of the revenue laws of the 
United States, which lately have been supposed to have some bearing on the 
subject. They liave already passed away before the proclamation of the 
blockade of ports in the hands of the revolutionary party. Nor could con- 
siderations so merely mercenary and epliemeral in any case enter into thei 
counsels of the Emperor of France. 

You will, naturally enough, be asked what is the President's expectation 
concerning the progress of the contest and the prospect of its termination. 
It is, of course, impossible to speculate, with any confidence, upon the course 
of a revolution, and to fix times and seasons for the occurrence of political 
events affected by the excitement of popular passions ; but there are two 
things which may be assumed as certain : First. That the union of these 
States is an object of supreme and undying devotion on the part of the Amer- 
ican people, and, therefore, it will be vindicated and maintained. Secondly. 
The American people, notwithstanding any temporary disturbance of their 
equanimity, are yet a sagacious and practical people, and less experience of 
evils than any other nation would require will bring them back to their 
customary and habitual exercise of reason and reflection, and, through that 
process, to the settlement of the controversy without further devastation and 
demoralization by needless continuance in a state of civil war. 

The President recognizes, to a certain extent, the European idea of the 
balance of power. If the principle has any foundation at all, the independ- 
ence and the stability af these United States just in their present form, 
properties, and character, are essential to the preservation of the balance be- 
tween the nations of the earth as it now exists. It is not easy to see how 
France, Great Britain, Russia, or even reviving Spain, could hope to suppress 
wars of ambition which must inevitably break out if this continent of North 
America, now, after the exclusion of foreign interests for three-quarters of a 
centur}', is again to become a theatre for the ambition and cupidity of Euro- 
pean nations. 

It stands forth now to the glory of France that she contributed to the 
emancipation of this continent from the control of European states, an eman- 
cipation which has rendered only less benefit to those nations than to 
America itself The present enlightened monarch of France is too ambitious, 
in the generous sense of the word, to signalize his reign by an attempt to 
reverse that great and magnanimous transaction. He is, moreover, too wise 
not to understand that the safety and advancement of the United States are 
guaranteed by the necessities, and, therefore, by the sympathies of mankind. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Hon. William L. Dayton, t&c, &c., &c. 



Mr. Faulkner to Air. Black. 



No. 111.] Legation of the United States, 

Paris, March 19, 1861. 
Sir : I had the honor to-day to receive your despatch. No. 45, touching 
certain recent political movements in the United States. I had, of course, 
through the public journals, been made acquainted with the painful facts to 



202 ANNUAL MESSAGE OF THE PRESIDENT. 

which 3'ou refer ; but your communication brings them now, for the first 
time, officially to my notice. 

I need hardly say to you that the events wliich have signalized the history 
of the United States for the last few months have occupied the attention of a 
very large share of the statesmen and people of Europe. In all my inter- 
course, public and private, from the Emperor to the peasant, embracing all 
grades of ministerial and diplomatic agents, it has been the engrossing, I 
might almost say the only topic of conversation. A revolution was as little 
anticipated in the United States as an earthquake in Paris. 

That large communities should be casting off the protection of a govern- 
ment to which thousands on this continent were looking for the realization 
of all their dreams of happiness on earth ; that a system should he pro- 
nounced a failure which has produced, within a few years, the most extra- 
ordinary developments of national prosperity and power of which history 
has left any record ; that a flag should be trampled in the dust which has 
never been stained by oppression, and which is hailed as the emblem of civil 
and religious freedom in every corner of the globe, were problems well cal- 
culated to rouse the inquisitive and to puzzle the uninformed. The conse- 
quence was, that there has been, within the last four months, throughout 
Europe a more thoroifgh and general discussion, by the press and hy indi- 
viduals, of American institutions than had occurred for the previous twenty 
years. In general the press of Europe is in able and skilful hands ; and if, 
in their late discussions, it has occasionally fallen into some egregious blun- 
ders, it shows how little familiar the best-informed were with the details of 
our system when those events arose which have attracted to our condition 
the gaze of Europe. 

You inform me that it is not improbable that persons claiming to repre- 
sent the States which have attempted to throw off their federal obligations 
will seek a recognition of their independence b}'' the Emperor of the French ; 
that you would regard such an act, on the part of the French government, 
as calculated to encourage the revolutionary movements of the seceding 
States, and to increase the dangers of disaffection in those which shall remain 
loyal ; that it would be inconsistent with the friendship which the govern- 
ment of the United States has always heretofore experienced from the gov- 
ernment of France ; that it would tend to disturb the friendly relations, 
diplomatic and commercial, now existing between those two powers, and 
prove adverse to the interests of France and the United States, 

You have not in your despatch informed me what line of policy it is the 
purpose of the federal government to adopt towards the seceding States, a 
fact most material in determining my own action, as well as the views to be 
addressed to a foreign power on the points presented by your instructions. 
If I correctly construe the intentions of the government, it looks to a pacific 
solution of the difficulties which now disturb its relations with the seceding 
States. In other words, it does not propose to resort to the strong arm of 
military power to coerce those States into submission to the federal authority. 
If this be a correct view of its proposed action, and all who understand the 
genius of our institutions and the character of our people must hope that it 
shall be such, the only difficulty will be in making European governments 
appreciate the spirit of such wise and conciliator^' policy, and comprehend 
the just application of the principles of international jurisprudence to a 
state of facts so novel and peculiar. 

The fact which seems chiefly to have governed the conduct of nations in 
establishing diplomatic and commercial relations with States or provinces 
which have thrown off their allegiance to the general power — I mean, of 
course, apart from the fact of their ability to maintain international relations 
with the world — is the practical cessation of all attempts by arms to enforce 



ANNUAL MESSAGE OF THE PRESIDENT. 203 

obedience to the autliority asserted. This rule is founded upon the idea that 
force, successfully exerted or resisted, is the only criterion by which the re- 
spective claims to sovereignty of the contending parties can be adjudged. 
And, unfortunately, the past history of the world exhibits no other influence 
which has been deemed fit and proper to be invoked to maintain authority or 
to suppress revolution. But it is obvious that this rule cannot be rigidly 
applied by foreign governments to our political system, nor to the course of 
policy which the federal government has thought expedient to pursue towards 
the seceding States, without exhibiting, on the part of sucli foreign govern- 
ment, a most unfriendly disregard of the rights and interests of the remain- 
ing twenty-eight States, and an eager desire to dismember the confederacy. 
Where the parties place the issue fairly upon the arbitrament of the sword, 
there the result of arms must naturally determine the action of foreign 
powers. But where force is ah initio repudiated as the means of terminating 
the contest; where the appeal is to the reason, judgment, and interests of 
the seceding States; where time is an essential element to moderate excited 
passion, to examine into alleged grievances, and to apply the remedies pro- 
vided by our constitutional sj^stem; and especially when it is known that 
propositions for the adjustment of the points at issue are now being consid- 
ered by some of the most influential States of the confederacy, a hasty 
recognition by any foreign power of the independence of the seceding 
States would exhibit, upon the part of such foreign government, proof as 
unequivocal of an unfriendly spirit towards the United States as if such 
recognition were made amidst the clash of arms, and with a view of exert- 
ing a moral influence over the result of the struggle. It would seem to me, 
therefore, that no principle of international law, nor an}' considerations of 
courtesy or commercial benefit could justify a foreign power in adding to 
the embarrassments of our present domestic position by recognizing at this 
time the independence of the confederated States. No appeal will be made 
to its sympathy by the allegation of grievous wrong and oppression in the 
presence of the fact that nine otlier States, with the same rights and inter- 
ests involved, equally free, brave, and high spirited, have not deemed the 
evil sufficient to justify a remedy so extreme. Time has not yet made mani- 
fest to the world liow far those movements have sprung from passion, or are 
the results of deliberate judgment; whether they have originated in fears 
which have since proved unfounded, or are the settled convictions of the 
popular mind. Nor has any adequate opportunity been afforded for the cor- 
rection of the grievance complained of by the regular operation of our con- 
stitutional system. The foreign power which would, under such circum- 
stances, recognize the independence of those States, and tlius frustrate and 
embarrass the regular and pacific adjustment of our own internal difficulties, 
would subject itself to grave accusations of hostility to the Union, and give 
to the federal authority, as the agent and representative of the remaining 
States, just cause of dissatisfaction. 

I have no hesitation in expressing it as my opinion, founded upon frequent 
general interviews with the Emperor, although in no instance touching this 
particular point, that France will act upon this delicate question when it 
shall be presented to her consideration in the spirit of a most friendly power; 
that she will be tlie last of the great states of Europe to give a hasty en- 
couragement to the dismemberment of the Union, or to afford to the govern- 
ment of the United States, in the contingency to which you refer, any just 
cause of complaint. The unhappy divisions which have afflicted our country 
have attracted the Emperor's earnest attention since the first of January 
last, and he has never, but upon one occasion of our meeting since, failed 
to make them the subject of friendly inquirj^, and often of comment. He 
looks upon the dismemberment of the American confederacy with no pleas- 



204 ANNUAL MESSAGE OF THE PEEStDENT. 

are, but as a calamity to be deplored by every enlightened friend of human 
progress. And he would act, not only in conflict with sentiments often ex- 
pressed, but in opposition to the well understood feelings of the French 
people, if he should precipitately adopt any step whatever tending to give 
force and efficacy to those movements of separation, so long as a reasonable 
hope remains that the federal authority can or should be maintained over 
the seceding States. 

The Emperor Napoleon has no selfish purpose to accomplish by the dis^ 
memberment of the American Union. As he has upon more than one occa- 
sion said to me: "There are no points of collision between France and the 
United States; their interests are harmonious, and they point to one policy, 
the closest friendship and the freest commercial intercourse." He knows 
full well that the greatness of our republic cannot endanger the stability of 
his throne, or cast a shadow over the gloi-y of France. He would rather 
see us united and powerful than dissevered and weak. He is too enlight- 
ened to misapprehend the spirit of conciliation which now actuates the 
conduct of the federal authorities. He knows that appeals to the public 
judgment perform that function in our republic which is elsewhere only ac- 
complished by brute force. And if armies have not been marshalled, as they 
would have been ere this in Europe, to give effect to the federal authority, 
he is aware that it is not because the general government disclaims authority 
over the seceding States, or is destitute of the means and resources of war, 
but from an enlightened conviction on its part that time and reflection will 
be more efficacious than arms in re-establishing the federal authority, and 
restoring that sentiment of loyalty to the Union which was once the pride 
of every American heart. 

I have not, so far, heard that any commissioners have been sent by the 
seceding States to France. Should they, as you anticipate, arrive shortly, I 
think I am not mistaken in saying that they will find that the imperial gov- 
ernment is not yet prepared to look favorably' upon the object of this 
mission. 

I have made this despatch longer, perhaps, than was necessary, for I 
have not had time to elaborate and digest my ideas very carefully, and sub- 
mit them as suggestions to elicit more fully the views and instructions of 
the government. 

I am, sir, very respectfully, your obedient servant, 

CHAS. J. FAULKNER. 

Hon. Jeremiah S. Black, 

Secretary of State. 



Mr. Faulkner to Mr. Seward. 

[Extract.] 



No. 119.] Legation of the United States, 

Paris, April 15, 1861. 

Sir: I called to-day upon Mr. Thouvenel at the ministry of foreign affairs, 
and was promptly admitted to an interview. Agreeably to your request, I 
handed to him a copy of the inaugural address of President Lincoln, and 
added that I was instructed by you to say to him that it embraced the 
views of the President of the United States upon the difficulties which now 
disturbed the harmony of the American Union, and also an exposition of the 
general policy which it was the purpose of the government to pursue with a 



ANNUAL MESSAGE OF THE PEESIDENT. 205 

view to the preservation of domestic peace and the maintenance of the 
federal Union. Here Mr. Thouvenel asked if there was not some diversity 
of opinion in tlie cabinet of the President as to the proper mode of meeting 
the difficulties which now disturbed the relations of the States and general 
government. I replied, upon that point I had no information; under our 
system the cabinet was but an advising body; its opinions were entitled to 
weight, but did not necessarily compel the action of the President; the ex- 
ecutive power was, by the Constitution, vested exclusively in the President, 

I said that I was further instructed to assure him that the President of 
the United States entertains a full confidence in the speedy restoration of 
the harmony and unity of the government by a firm, yet just and liberal 
policy, co-operating with the deliberate and loyal action of the American 
people. Mr. Thouvenel expressed his pleasure at this assurance. 

I further said that the President regretted that the events going on in the 
United States might be productive of some possible inconvenience to the 
people and subjects of France, but he was determined that those incon- 
veniences shall be made as light and transient as possible, and, so far as it 
maj^ rest with him, that all strangers who may suffer any injury from them 
shall be indemnified. 

I said to him that the President thought it not improbable that an appeal 
would be made before long by the "confederated States" to foreign powers, 
and, among others, to the government of Prance, for the recognition of their 
independence; that no such appeal having yet been made, it was prema- 
ture and out of place to discuss any of the points involved in that delicate 
and important inquiry; but the government of the United States desired 
the fact to be known that whenever any such application shall be made it will 
meet with opposition from the minister who shall then represent that gov- 
ernment at this court. 

I said to him that my mission at this court would very soon terminate, 
and that I should have no official connexion with the question which, it was 
anticipated, might arise upon the demand of the confederated States for the 
recognition of their independence ; that my place would soon be supplied 
by a distinguished citizen of the State of New Jersey, a gentleman who 
possessed the confidence of the President, who fully sympathized in his 
public views, and who would doubtless come fully instructed as to the then 
wishes and views of the government of the United States, and that the only 
request which I would now make, and which would close all I had to say 
in the interview, was that no proposition recognizing the permanent dis- 
memberment of the American Union shall be considered by the French gov- 
ernment until after the arrival and reception of the new minister accredited 
by the United States to this court. 

Mr. Thouvenel, in reply, said that no application had yet been made to 
him by the confederated States, in any form, for the recognition of their 
independence; tliat the French government was not in the habit of acting 
hastily iipon such questions, as might be seen by its tardiness in recognizing 
the new kingdom of Italy; that he believed the maintenance of the federal 
Union, in its integrity, was to be desired for the benefit of the people north 
and south, as well as for the interests of France, and the government of the 
United States might rest well assured that no hasty or precipitate action 
would be taken on that subject by the Emperor. But whilst he gave utter- 
ance of these views, he was equally bound to say that the practice and 
usage of the present century had fully established the right of de facto gov- 
ernments to recognition when a proper case wa,s made out for the decision 
of foreign powers. Here the official interview ended. 

The conversation was then further p'rotracted by an inquiry from Mr. 
Thouvenel when the new tarifi' would go into operation, and whether it was 



206 ANNUAL MESSAGE OF THE PEESIDENT. 

to be regarded as the settled policy of the government. I told him that the 
first day of the present month had been prescribed as the period when the 
new duties would take effect; that I had not yet examined its provisions 
with such care as would justify me in pronouncing an opinion upon its 
merits; that it was condemned by the commercial classes of the country, 
and that I had no doubt, from the discontent manifested in several quarters, 
that the subject would engage the attention of Congress at its next meeting, 
and probably some important modifications would be made in it. The 
finances of the government were at this time temporarily embarrassed, and 
I had no doubt the provisions of the new tariff were adopted with a view, 
although probably a mistaken one, of sustaining the credit of the treasury 
as much as of reviving the protective policy. He then asked me my opinion 
as to the course of policy that would be adopted towards the seceding 
States, and whether I thought force would be employed to coerce them into 
submission to the federal authority. I told him that I could only give him 
my individual opinion, and that I thought force would not be employed; 
that ours was a government of public opinion, and although the Union 
unquestionably possessed all the ordinary powers necessary for its preserva- 
tion, as had been shown in several partial insurrections which had occurred 
in our history, yet that the extreme powers of government could only be 
used in accordance with public opinion, and that I was satisfied that the 
sentiment of the people was opposed to the employment of force against 
the seceding States. So sincere was the deference felt in that country for 
the great principles of self-government, and so great the respect for the 
action of the people, "when adopted under the imposing forms of State 
organization and State sovereignty, that I did not think the employment of 
force would be tolerated for a moment, and I thought the only solution of 
our difQculties would be found in such modifications of our constitutional 
compact as would invite the seceding States back into the Union on a 
peaceable acquiescence in the assertion of their claims to a separate sov- 
pvpi O'nt-V ^ '^ "^ '^ ^ ^ ^ ^ 'Tfi 

I am, very respectfulK'^, j-our obedient servant, 

CHAS. J. FAULKNER 
Hon. William H. Seward, 

Secretary of State. 



Mr. Seward to Mr. Dayton. 



No. 1.] • Department of State, * 

Washington, May 4, 1861. 

Sir: The despatches of your predecessor, Nos. 117, 119, and 120, have 
been received; the latter acknowledging the receipt of our letter of recall 
and announcing his intended return requires no special notice. 

No. in bears the date of the 5th of April last. It contains only an expo- 
sition of Mr. Faulkner's views of the policy which this government ought 
to pursue in regard to the disturbed condition of affairs at home, but at the 
same time gives us no information concerning the state of our affairs in 
France. 

The instructions heretofore transmitted to you will show you the Presi- 
dent's views on the subject Mr. Faulkner has discussed, and these will be 
3'our guide notwithstanding any different opinions your predecessor may 
have expressed or left on record at Paris. 



Al^NUAL MESSAGE OF THE PKESIDENT. 207 

No. 119 bears date of the 15th of April last, and contains a report of an 
official conversation, and also of an unofficial one held between Mr. Faulkner 
and Mr. Thouvenel. 

In the former conversation Mr. Thouvenel asked Mr. Faulkner whether 
there is not some diversity of opinion in the cabinet of the President as to 
the proper mode of meeting the difficulties which now disturb the relations 
of the States and the general government. Mr. Faulkner, in reply, said that 
he had no information on the subject. 

The matter is of no great moment, yet it is desirable that there be no 
misapprehension of the true state of the government in the present emer- 
gency. 

You may, therefore, recall that conversation to Mr. ThouvenePs memory, 
and then assure him explicitly that there is no difference of opinion what- 
ever between the President and his constitutional advisers, or among those 
advisers themselves, concerning the policy that has been pursued, and which 
is now prosecuted by the administration in regard to the unhappy disturb- 
ances existing in the country. The path of executive duty has thus far been 
too plainly marked out by stern necessities to be mistaken, while the solem- 
nity of the great emergency and the responsibilities it devolves have extin- 
guished in th« public councils every emotion but those of loyalt}'' and 
patriotism. It is not in the hands of this administration that this govern- 
ment is to come to an end at all — much less for want of harmony in devotion 
to the country. 

Mr. Thouvenel's declaration that the United States may rest well assured 
that no hasty or precipitate action will be taken on the subject of the appre- 
hended application of the insurrectionists for a recognition of the independ- 
ence of the so-called Confederate States is entirely satisfactory, although it 
was attended by a reservation of views concerning general principles appli- 
cable to cases that need not now be discussed. 

In the unofficial conversation Mr. Faulkner says that he himself expressed 
the opinion that force would not be resorted to to coerce the so-called 
seceding States into submission to the federal authority, and that the only 
solution of the difficulty would be found in such modifications of the consti- 
tutional compact as would invite. the seceding States back into the Union, 
or a peaceable acquiescence in the assertion of their claim to a separate 
sovereignty. 

The time when these questions had any pertinency or plausibility have 
passed away. The United States waited patiently while their authority was 
defied in turbulent assemblies, and in seditious preparations, willing to hope 
that mediation, offered on all sides, would conciliate and induce the disaf- 
fected parties to return to a better mind. 

But the case is now altogetlier changed. The insurgents have instituted 
revolution with open, flagrant, deadly war to compel the United States to ac- 
quiesce in the dismemberment of the Union. The United States have accepted 
this civil war as an inevitable necessity. The constitutional remedies for all 
the complaints of the insurgents are still open to them, and will remain so. 
But, on the other hand, the land and naval forces of the Union have been 
put into activity to restore the federal authority and to save the Union from 
danger. 

You cannot be too decided or too explicit in making known to the French 
government that there is not now, nor has there been, nor will there be any 
the least idea existing in this government of suffering a dissolution of this 
Union to take place in any way whatever. 

There will be here only one nation and one government, and there will be 
the same republic, and the same constitutional Union that have already sur- 
vived a dozen national changes, and changes of government in almost every 



208 ANNUAL MESSAGE OF THE PEESIDEXT. 

other country. These will stand hereafter, as they are now, objects of human 
wonder and human affection. 

You have seen, on the eve of your departure, the elasticity of the national 
spirit, the vigor of the national government, and the lavish devotion of the 
national treasures to this great cause. Tell Mr. Thouvenel, then, with the 
highest consideration and good feeling, that the thought of a dissolution of 
this Union, peaceably or by force, has never entered into the mind of any 
candid statesman here, and it is high time that it be dismissed by statesmen 
in Europe. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Wm. L. Dayton, Esq., d;c., &c., &c. 



Mr. Dayton to Mr. Seward. 

[Extracts.] 



No. 5.] Paris, May 22, 186L 

Sir: I have the pleasure to announce to you my arrival m this city on 
Saturday, May 11. On Monday, application was made through our legation 
for an audience with Mr. Thouvenel, minister of foreign affairs, which was 
granted for the 16th instant, on which day I was duly presented to him by 
Mr. Walsh, of the American legation. 

Mr. Thouvenel, in the course of the conversation, took occasion to say 
that he deeply regretted the condition of things in the United States, and 
that in this expression of feeling he represented the views and feelings of 
the Emperor; that so deeply concerned was the Emperor that he had felt 
disposed to offer his good offices, but had been deterred from the fear that 
his ofier might not be well received; but should occasion for this arise, he 
would always be ready and happy to be of use. He made special inquiry 
as to the policy of our government in regard to neutral rights, particularly 
in reference to neutral property found in southern ships. He went into 
considerable detail to show that historical precedents were in favor of 
treating southern vessels as those of a regular belligerent, and applying the 
same doctrine to them as had always been upheld by the United States. 
He dwelt particularly upon the fact that Great Britain, during our revolu- 
tionary war, had not considered our privateers as pirates. I understood 
him to say that, as respects an eflfective blockade, it would be fully recog- 
nized and respected; but he seemed much impressed with the importance 
of understanding clearly the intentions of our government in reference to 
these matters as respects the foreign world. 

As respects a tender of the kind offices of the Emperor I could only thank 
him for the interest in our country which the suggestion manifested, but 
gave him no reason to suppose such offer at this time would be accepted. 
As to the doctrines which our government would apply in reference to the 
blockade of southern ports and neutral rights, I told him I had no specific 
instructions at present, and could only refer him to the proclamation of the 
President and the general principles of international law which might bear 
on the case. I further informed him that immediately after my reception b3'- 
the Emperor I would apprise my government of the anxiety of the French 
government to learn the views of our government more definitively upon 
these questions. You will not fail to have observed that the action of 
France and England upon this question of belligerent rights has been upon 
a mutual understanding and agreement. 



ANNUAL MESSAGE OF THE PKESIDENT. 209 

Throughout the conversation he seemed anxious to impress upon me the 
great interest which France took in our condition, and their desire for the 
perpetuation of the Union of the States. He referred to the fact that France 
had aided in its formation, and did not desire to witness its dissolution. 
The recognition of the southern confederates as possessing belligerent 
rights he did not consider at all as recognizing them as independent States. 

After the conversation had closed, to save time I at once presented a 
copy of my letters of credence, and requested an audience of the Emperor, &c. 

On the next day I was informed by a note from the minister that I would 
be received at the palace on the 19th instant, at which time I was presented 
in due form to the Emperor, in the presence of certain officers of the court. 

A copy of my remarks to the Emperor will be found enclosed, (letter A.) 
In reply, the Emperor, after a courteous welcome, and one or two remarks 
of a character personally complimentary, said, in substance, that he felt 
great interest in the condition of things in our country; that he was very 
anxious our difficulties should be settled amicably; that he had been and 
yet was ready to ofler his kind offices, if such offer would be mutually 
agreeable to the contending parties; that whatever tended to affect in- 
juriously our interests was detrimental to the interests of France, and that 
he desired a perpetuation of the Union of the States, with some additional 
remarks of like tenor and character. His observations were in the same 
vein as those of the minister of foreign affairs, and I doubt not were the 
frank expressions of his views on this subject. 

Immediately after the formal part of my presentation had closed, and my 
letters of credence been delivered, he entered for a short time into general 
conversation. Upon taking my leave of the Emperor I was conducted by 
the grand chamberlain to the apartments of the Empress, and there pre- 
sented to her. She repeated to some extent the same views already pre- 
sented by the Emperor. My reception at the palace was in every respect 
agreeable. On Monday, the 20th instant, I called again on Mr. Thouvenel, 
in company with Mr. Sanford, (our minister to Belgium,) for the purpose of 
obtaining, if possible, a little more distinct information as to what France 
meant by the terms "neutral rights" and "belligerent" rights; how far he 
considered such rights as extending to the capture and condemnation of 
prizes in the ports of France, &c. He said in reply, in substance, that they 
held that the flag covers the cargo; and that if a southern ship carrying 
neutral property was captured, the property would not be condemned, &c. 
He hoped our government would recognize principles for which it had 
always contended. I told him it would certainly do so, but the question 
here was, whether there ivas a flag; that our government insisted, that the 
confederates, being merely in rebellion, had no flag, and I could not exactly 
understand how a foreign government which had not recognized them as an 
independent power could recognize them as having a flag. He said, further- 
more, that the French government had given no warning to their citizens, 
&c., (as the English government had,) by proclamation, because it was un- 
necessary; that the statute law of France (of 1825, April 10, I think) de- 
clared that any French citizen taking service under a foreign power lost all 
claim to protection as a citizen; that if a subject of France should take 
service on board of a letter of marque licensed by the Confederate States, it 
would be, as I understood him, piratical on the part of such subject. He 
said, furthermore, that no letters of marque could be fitted out in their ports, 
or even sheltered there, unless they came in from necessity, (as stress of 
weather, &c.,) and then could remain, I think, but twenty -four hours; that 
consequently there could be no bringing of prizes into French ports, and 
while there a condemnation of them in the courts of the southern States. 
His conversation on this part of the case was very satisfactory, and he 

Ex. Doc. 1 14 



210 ANNUAL MESSAGE OF THE PRESIDENT. 

promised me a reference in writing- to the French statutes bearing on the 
question. He added that the French government had addressed certain 
interrogatories to our government, and would await their answer. The 
disposition of this government to keep on friendly relations with us is, I 
think, manifest, and it will not, I judge, be diminished by the obvious fact that 
certain portions of the public men and the press of England are felicitating 
themselves on the condition of things in America. The policy of having a 
heavy commercial power in the west, as some counterpoise to the marine 
power of England, is too manifest to escape a mind so sagacious as that of 
the present Emperor of the French. I had taken the liberty before the re- 
ception of your last despatch, dated 4th instant, of assuring all persons^ 
official and otherwise, with whom I came in contact, that the most effective 
measures were being taken by our government to crush out this causeless 
and wicked rebellion, and that I believed such efforts would be continued 
to the end; that the fears (which existed in some quarters) that the govern- 
ment would again temporize, and lose the advantage which the present de- 
termined enthusiasm of the people gave to it, were groundless. I find very 
strong feelings existing here in behalf of the Union among the American 
citizens from the northern States, and a determination to support the govern- 
ment with men and money. 
********** 

I have had many applications since here by foreigners for service as 
officers in the army of the United States, and I understand from one of the 
former secretaries of the legation that many applications were made at the 
office of the legation before I came. There was one case only, as the secre- 
tary says, of an application at the office of the legation for service in the 
army of the south, and this was from an anonymous correspondent, the note 
seeking service being unsigned. To these applications I have said that our 
service was open to volunteers, but I had no authority to commit the govern- 
ment to appointments; that, in fact, we needed arms rather than men. * * * 

No formal notice of the blockade of southern ports has been given to. the 

government here, unless through the agency of the French minister at 

Washington. Indeed, I think I understood Mr. Thouvenel to say that they 

had received no such formal notice at all. I shall call the attention of Mr. 

Thouvenel to the original proclamation when I communicate to him (as I 

shall at once do) the additional proclamation (just received) of the blockade 

of the ports of Virginia and North Carolina. 
********** 

I have opened, since here, (directed to my predecessor,) a copy of the 
President's proclamation as to the blockade of the ports of Virginia and 
North Carolina, dated 27th April, 1861. I received likewise despatch No. 4 
last night, containing views of the government at Washington as to the 
abolition of privateering, and enclosing to me a commission to effect with 
the French government a treaty for that purpose, with the form of such 
treaty. This is of great importance, and will affect in a material degree the 
means of defence on the part of our country in time of war. I shall pro- 
ceed in conformity, however, with these instructions to communicate with 
the minister of foreign affairs on the subject. But I cannot help feeling, 
in view of what the French law is, as heretofore stated, and the little dan- 
gler to our commerce which can soon arise from any action of this govern- 
ment or of its subjects from privateers, that I had better attempt again to 
obtain a provision exempting from seizure privale property afloat (unless 
contraband) the same as private property is now exempt on land. I should 
very much regret an opportunity lost to obtain such a treaty provision, if 
possible, before we give up that species of volunteer marine by which we 
are enabled in some degree to affect the commerce of other nations, having 



A2\^NUAL MESSAGE OF THE PEESIDENT. 211 

a heavier naval marine, while they are destroying' our own. The Emperor 
is about to leave Paris for the countr}', and it is doubtful if great expedition 
can be had in this matter ; but, acting under the direct instructions of the 
government at home, I shall incur no unnecessary delay in carrying those 
instructions (if I can procure no better terms) into effect. 

I have received your despatch (No. 7 ) containing instructions as to matters 
to be communicated to Mr. Thouvenel in reference to the unity of the cabinet 
at Washington and the intentions of the government to prosecute the war 
with the utmost effect. 

I will, at the earliest moment, so state to Mr. Thouvenel, though it will be 
to some extent a restatement of what has already been said. There has, I 
fear, been some misapprehension upon the minds of the authorities here upon 
this subject. 

Since my arrival here my engagements, personal and official, have been 
constant ; so much so that it has not been in my power to communicate as 
promptly with j^our department as I would have desired. 

******** 
Your very obedient servant, 

WM. L. DAYTON. 
Hon. William H. Seward, 

jSecrelary of State. 



A. 

Your Majesty : I have the honor to present to your Imperial Majesty these, 
my letters of credence from the President of the United States of America, 
accrediting me as envoy extraordinary and minister plenipotentiary near to 
your Majesty. 

By these letters it is made my especial duty, as it will certainly be my 
pleasure, with the assent of your Majesty, to cultivate and strengthen the 
friendship and good correspondence which has heretofore existed between 
France and the United States, and as far as possible to preserve and advance 
the interest and happiness of both nations. The people of the United States 
have not forgotten, nor can they ever forget, that Prance was their first ally, 
and throughout the whole period of their national existence has been (with 
a passing cloud only) their constant friend. An unbroken intercourse of 
good offices and kind feelings between two great nations for so long a period 
affords just cause of pride and congratulation to both. Each j^ear has con- 
tinued to enlarge those business interests which bind us together, and I am 
happy to know that at no period ia our past history have those interests 
been more prosperous than under the wise, liberal, and enlightened policy 
of your Imperial Majesty. All our recollections of the past, all our interests 
of the present, and all our hopes for the future, prompt the United States to 
cultivate with sedulous care those friendly relations with the government of 
France which have existed so long and been productive to each nation of 
results so auspicious. 

I have it specially in charge from the President of the United States to 
give assurance to your Imperial Majesty of his disposition to cultivate such 
friendly relations; to assure your Majesty personally of his high respect and 
appreciation ; to tender to you, to the Empress, your imperial consort, and 
to each of the members of the imperial family, his best wishes for their 



212 ANNUAL MESSAGE OF THE PRESIDENT. 

healtb, prosperity, and happiness. Permit me only to add that the mission 
near to your Imperial Majesty, with which I have been honored, is one most 
grateful to my feelings, and without neo'lecting the interests of my own gov- 
ernment, I shall endeavor so to discharge its duties as to make my residence 
here entirely agreeable to your Majesty. 



Mr. Dayton to Mr. Seioard. 

[Extracts.] 



No. 6.] ■ Paris, May 27, 1861. 

Sir: Immediately after closing my last despatch I wrote to Mr. Thouvenel 
a note apprising him that I was fully authorized to enter into a convention 
with the government of France in respect to privateering, the rights of 
neutrals, and the matter of blockade, and requesting him, if disposed to 
renew negotiations upon these subjects, to name a day for conference. 

My note was not sent uutil the 25th instant. A copy is attached, marked 
letter A. 

On the same day, to wit, the 25th of the present month, I sent to Mr. 
Thouvenel a copy of the President's proclamation of the blockade of the 
ports of Virginia and North Carolina, referring, at the same time, to the pre- 
vious blockade of the other southern ports. A copy of my note is attached, 
marked letter C. 

On the 24th instant I received from the minister of war a note as to cer- 
tain fire-arms for the State of Virginia, applied for by my predecessor, Mr. 
Faulkner; a copy of which note, marked D, together with my answer there- 
to, marked E, is hereunto attached. 

****** 

I recently received from the agent of our Havre line of steamers a request 
that I would (by application to the government for munitions of war) aid 
him to put the steamer Fulton in a condition of defence on her homeward 
voyage; which I did, so far as I could, by presenting his request to the gov- 
ernment. A copy of his request, indorsed by me, is herewith attached, 
marked H. I presume the request was granted, as I have heard nothing , 
since from the agent, and the steamer leaves her port to-day. 

I have just received the despatches, b}^ the last steamer, directed to Mr. 
Sanford, to whom I immediately delivered them ; and likewise your circular 
to me upon the subject of passports, with which I shall carefully comply. 

Mr. Thouvenel has promptly answered my note informing him I was au- 
thorized to enter into a convention as to privateering, &c., and has desig- 
nated to-morrow, at 4 p. m., for a conference. In my next despatch I shall 
be able, doubtless, to give you some information as to the views of the 
French government on this subject. Mr. Marsh has been here, engaged in 
doing good service by matter communicated for use through the English 
press. 

Mr. Burlingame is remaining here for a short time, acting under the advice 
of his brother diplomatists, owing to matter confidentially communicated 
from Vienna. 

With much consideration, your obedient servant, 

WM. L. DAYTON. 

Hon. Wm. H. Seward, 

Secretary of State. 



ANNUAL MESSAGE OF THE PRESIDENT. 213 



Paris, May 24, 1861. 

Sir: I have the honor to inform your excellency that I am fully authorized 
by my government to enter into a convention with the government of France 
in reference to the subject of privateering, the rights of neutrals, and the 
matter of blockade. 

If, therefore, the government of his Imperial Majesty remains disposed to 
renew negotiations upon these subjects, I shall be happy to have a confer- 
ence with your excellency at such time as your excellency may indicate. 

With great respect, I have the honor to be your obedient servant, 

WM. L. DAYTON. 

Mr. TnouvEXEL, MinMer of Foreign Afairs. 



C. 

Paris, May 24, 1861. 

Sir: I beg to enclose to your excellency a copy of a pi-oclamation issued 
by the President of the United States on the 27th of April last, establishing 
a blockade of the ports of the States of Virginia and North Carolina. 

A prior proclamation, dated 19th April last, established a blockade of the 
ports of the States of South Carolina, Georgia, Florida, Alabama, Louisiana, 
Mississippi, and Texas, of which your excellenc}^ has doubtless had notice. 

With much respect, I have the honor to be your excellency's obedient 
servant, 

WM. L. DAYTON. 

Mr. Thouvexel, Minister of Foreign Affairs. 



D. 

Paris, May 24, 1861. 

Sir: The 2Tth September, 1860, your predecessor having requested me to 
have the goodness to deliver to him, from the state arsenal, four fire-arms 
(4 amies a feu) and two other arms {amies blanches) for the State of Vir- 
ginia, I authorized the said delivery, with the approbation of the Emperor; 
and the 22d of October, 1860, I informed Mr. Faulkner that the artillery 
board of Paris held these arms at the disposition of the Virginia commis- 
sioners. 

Up to this moment there has not been a delivery, and the letters of the 
director colonel of artillery, as also my despatch of the 21st of March last 
to Mr. Faulkner, remain unanswered. 

Interpreting this silence as a renunciation of the request of the State of 
Virginia, I have the honor to inform you that, unless you intimate a desire to 
the contrary in the course of a few days, I shall order the director of artil- 
lery at Paris to consider the authorization of the 22d of October, 1860, 
as null. 

Accept, sir, the assurance of the most distinguished consideration with 
which I have the honor to be j'our verv humble and very obedient servant, 

RANDON, 
Le Marechal de France, Ministre Secretaire cVetat de la Guerre. 



214 ANNUAL MESSAGE OF THE PRESIDENT. 

E, 

Paris, May 26, 1861. 

Sir: I have the honor to acknowledge your letter of the 24th instant, 
calling my attention to the fact that my predecessor, on the 2tth of Septem- 
ber last, requested you to have the goodness to deliver to him, from the gov- 
ernment arsenal, four fire-arms (4 armes a feu) and two other arras {armes 
blanches) for the State of Virginia, and that 3^011 authorized the said delivery, 
with the approbation of the Emperor, on the 22d of October, 1860; and that 
you informed Mr. Faulkner that the artillery board of Paris held those arms 
at the disposition of the Virginia delegates; that up to the date of your 
note to me the letter from the colonel of the artillery staff and your own 
despatches of the 21st of March last, addressed to Mr. Faulkner, have 
remained unanswered, &c. 

I beg to say to your excellency that I am altogether ignorant of the causes 
of delay on the part of my predecessor in answering the communications 
referred to, and asking for the delivery of the arms in question. 

I pray you, sir, to accept for yourself, and convey to the Emperor, my 
grateful acknowledgments, in behalf of the United States, for the courtesy 
extended in the expression of a readiness to grant the request of my prede- 
cessor; while I deem it proper to say at once that the request for the arms 
referred to will not, under existing circumstances, be renewed by me in 
behalf of the State of Virginia. 

I beg to assure you, sir, of the high consideration with which I liave the 
honor to be 3'our obedient servant, 

WM. L. DAYTON. 

Mons. le Marechal Comte Randon, 

Minister de la Guerre. 



H. 

Paris, 3Iay 23, 1861. 

Excellency: The necessity which exists for arming our steamer, the 
Fulton, against any attack of the privateers of the southern confederacy 
obliges Captain Walton to provide himself with tioo hundred rifles. These 
guns, which we have purchased at Leige, (Belgium,) will be delivered to- 
day or to-morrow at Havre. 

But we have no cartridges for these guns, and are obliged to buy them 
in France, and cannot obtain them without an authorization from the min- 
ister of war. We are thus obliged to appeal to you, to beg your power- 
ful influence in obtaining the necessary munitions. 

We desire tliat the French government furnish us, delivered on board the 
steamer Fulton, at Havve, ficenty thousand cartouches for hunting rifles, of 
the calibre 17^^^ for the muzzle of tlie guns. Either our house, at Paris, or 
that of Messrs. W. Sclim & Co., at Havre, will pay the bills. 

The steamer Fulton will quit Havre Tuesday morning, 28th instant, and 
it will be necessar}" tliat the munition should be delivered Monday. 

We pray your excellency to accept, in entram, the expression of the pro- 
found gratitude and our distinguished consideration of your excellency's most 
obedient servants, 

SHELBERT, KANE & CO., 

8 Place de la Bourse. 

His Excellency Mr. Dayton, 

Minister of the United States of America, Pans. 



AJ^NUAL MESSAGE OF THE PRESIDENT. 215 



Mr. Seimrd to Mr. Dayton. 

No. 10.] Department of State, 

Washington, May 30, 1861. 

Sir: Mr. Sanforcl, who was requested by mo to look to our interests in 
Paris in the interval which might elapse between the Vv^ithdrawal of Mr. 
Faulkner and your own arrival, has transmitted to me (in his despatch No. 
2) an account of a very interesting conversation which he has recently held 
with Mr. Thouvenel on our internal affairs. 

In that conversation Mr. Thouvenel intimated that, in view of the great 
commercial interests which are involved in the domestic controversy which 
is now agitating the United States, the French government had felt itself 
constrained to take measures, in conjunction with the government of Great 
Britain, to meet a condition of things which imperiled those interests. That 
it had been decided that communications of a similar tenor should be 
addressed by both of those governments to the government of the United 
States, and that those communications would be forwarded in the current 
week. Mr. Thouvenel kindly foreshadowed the points of those communi- 
cations. 

As those papers may be expected to arrive by, perhaps, the next steamer, 
I shall reserve comments upon the propositions indicated until they shall 
thus be fully and directly brought to the attention of the President. 

There are, however, some points in the conversation, or suggested by it, 
which I cannot properly suffer to pass unnoticed. 

First. I desire that Mr. Thouvenel may be informed that this government 
cannot but regard any communications held by the French government, even 
though unofficial, with the agents of the insurrectionary movement in this 
country as exceptionable and injurious to the dignity and honor of the United 
States. They protest against this intercourse, however, not so much on that 
ground as on another. They desire to maintain the most cordial relations 
with the government of France, and would therefore, if possible, refrain 
from complaint. But it is manifest that even an unofficial reception of the 
emissaries of disunion has a certain though measured tendency to give them 
a prestige which would encourage their efforts to prosecute a civil war 
destructive to the prosperity of this country and aimed at the overthrow of 
the government itself. It is earnestly hoped that this protest may be suffi- 
cient to relieve this government from the necessity of any action on the 
unpleasant subject to which it relates. 

Secondly. The United States cannot for a moment allow the French gov- 
ernment to rest under the delusive belief that they will be content to have 
the confederate States recognized as a belligerent power by States with 
which this nation is in amity. No concert of action among foreign States 
so recognizing the insurgents can reconcile the United States to such a 
proceeding, whatever may be the consequences of resistance. 

Tliirdly. The President turns away from these points of apprehended 
difference of opinion between the two governments to notice other and more 
agreeable subjects. 

The tone of Mr. Thouvenel's conversation is frank, generous, and cordial; 
and this government feels itself bound by new ties to France when her 
Emperor avows his desire for the perpetual union of the States. Especiall}'- 
does this government acknowledge that it is profoundly moved by the 
declaration of his Majesty, that he would be willing to act as mediator in 
the civil strife that unhappily convulses our country. These expressions of 
good will are just what have been expected from the Emperor of France. 
This government desires that his Majesty may be informed that it indulges 



216 ANNUAL MESSAGE OF THE PRESIDENT. 

not the least apprehension of a dissolution of the Union in this painful 
controversy. A favorable issue is deemed certain. What is wanted is that 
the war may be as short, and attended by as few calamities at home and as 
few injuries to friendly nations, as possible. No mediation could modify in 
the least degree the convictions of policy and duty under which this gov- 
ernment is acting : while foreign intervention, even in the friendly form of 
mediation, would produce new and injurious complications. We are free to 
confess that so cordial is our regard for the Emperor and our confidence 
in his wisdom and justice, that his mediation would be accepted if all 
intervention of that kind were not deemed altogether inadmissible. This gov- 
ernment perceives, as it thinks, that the French government is indulging in 
an exaggerated estimate of the moral power and material forces of the 
insurrection. The government of the United States cheerfully excuses this 
error, because it knows how unintelligible the working of the American 
system and the real character of the American people are to European 
nations. This government knows, moreover, and painfully feels, that the 
commercial interests of European states are so deeply involved in the 
restoration of our domestic peace as to excite the highest anxiety and 
impatience on their part. But it desires the French government to reflect 
that our commercial interests involved in the issue are even greater than 
their own ; and that evei'y motive that France can have for desiring peace 
operates still more powerfully on ourselves, besides a thousand motives 
peculiar to ourselves alone. The measures we have adopted, and are now 
vigorously pursuing, will terminate the unhappy contest at an early da^^ 
and be followed by benefits to ourselves and to all nations greater and better 
assured than those which have hitherto attended our national progress. 
Nothing is wanting to that success except that foreign nations shall leave 
us, as is our right, to manage our own affairs in our own way. They, as 
well as we, can only suffer by their intervention. No one, we are sure, can 
judge better than the Emperor of France how dangerous and deplorable 
would be the emergency that should intrude Europeans into the political 
contests of the American people. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
William L. Dayton, Esq., dv., d-c, &c. 



Mr. Dayton to Mr. Seward. 
[Extracts] 

Paris, May 30, 186L' 

Sir: Since the date of my despatch No. 6 I have had an interview with 
Mr. Thouvenel. 

I told him I was authorized to accept the propositions adopted at the 
congress of Paris in 1856, but with the desire expressed by the President 
that the provisions should be added exempting private property afloat, un- 
less contraband, from seizure and confiscation. I did not say, nor did he 
ask, whether the four propositions would be accepted without amendment. 
He said nothing could be done except by conference with the other powers, 
but if I would submit the proposition in writing, which I shall at once do, 
he would. immediately address the other powers, and we would probably re- 
ceive an answer in ten or twelve days. 

I have been induced to suggest again the adoption of this amendment 



ANNUAL MESSAGE OF THE PEESIDENT. 217 

exempting private property afloat from seizure and confiscation: (1.) From 
the preference or wish of the President expressed in your letter of instruction. 
(2.) From the great importance, as it seemed to me, of securing' the adop- 
tion of the principle, if possible, before the United States should give up 
the right of privateering. (3.) From the facts patent on the correspondence 
of this legation in 1856, whereby it appears that France and Russia were 
both favorably disposed at that time to the adoption of the principle of the 
amendment, (see Mr. Marcy's despatch to Mr. Mason, No. 94, dated October 
4, 1856, and Mr. Mason's confidential letter to Mr. Dallas, of December 6, 1856,) 
and the obvious fact that it Avould be the interest of all the other powers 
(having little naval force) to concur in the amendment. (4.) From the fact 
that since the date of your despatch to me authorizing the acceptance of the 
four propositions adopted by the congress at Paris, Mr. Sanford, our minister 
to Belgium, on a visit to England, learned from Mr. Adams that the British 
government had given, as he understood, general instructions on the subject 
to Lord Lj^ons; and the impression made on the mind of Mr. Adams, as re- 
ported to me by Mr. Sanford, was that it was not improbable that England 
would now, to secure our concurrence in the other propositions, concur in 
the amendment. That in view of this information, Mr. Adams, who had like 
instructions with my own, had referred the matter back to be treated of 
and discussed at Washington. I could not, therefore, at once accept the 
four propositions, pure and simple, without running the hazard of conflicting 
with what might be done elsewhere. 

I will probably receive an answer from Mr. Thouvenel (after he shall h'Kve 
communicated my proposition to the other powers) before even I shall receive 
my next despatch on this subject from Washington, which I shall await 
with some anxiety. 

* ;{; ;|< jf: ^; * * ;): * 

The laws, however, in connexion with the practice of the tribunals of 
France are, I think, as follows: 

1. That the captain who accepts a commission from a foreign government 
and takes command of a cruiser is guilty of a piratical act. 

2. That all French subjects enlisting on board of such cruiser, without 
authority of the Emperor, lose their citizenship, and consequently forfeit 
their right to the protection of their government. 

3. That the principle applied in the French tribunals is unlike that which 
has been applied in England (and I fear it will be found in the United States) 
as to harboring privateers; and while their prizes are In a neutral port having 
them condemned in courts of admiralty of the country licensing such pri- 
vateer. The laws and practice of the French courts do not admit of this. 
But these matters, as Mr. Thouvenel now says, must be all left for determi- 
nation to the tribunals of France. 

I am happy to say that there is no disposition manifested here, so far as 
I have observed, to favor the rebellion in our southern States, or to recog- 
nize them as an independent power. All recognition of rights on their part 
is for commercial purposes only. But the government of France cannot, it 
says, look at this rebellion as a small matter. That, embracing as it does 
a large section and man}^ States, they cannot apply to it the same reasoning 
as if it were an unimportant matter or confined to a small locality. 

Mr. Thouvenel says he has had no application from soiithern commissipn- 
ers for any purpose of recognition, and he does not know even that such 
persons are or have been in Paris. 

I send you a cop}' of " Gallignani's Messenger," containing a report of the 



218 ANNUAL MESSAGE OF THE PRESIDENT. 

proceedings of a large and enthusiastic meeting of Americans yesterday at 
the Hotel du Louvre. 

With higli consideration, vour obedient servant, 

WM. L. DAYTON. 
Hon. WiLLiAi[ H. Skward, 
Secretary of State. 



3Ir. Dayton to Mr. Seward. 

[Extracts.] 



No. 11.] • Paris, June — , 1861. 

Sir: Your despatch (No. 10) was received by me on the 18th instant, and 
its substance communicated to Mr. Thouvenel on the 19th. On that day I 
had with him an interesting conversation. I communicated to him the very 
kind language which you had used in behalf of the President in reference to 
the Emperor and his willingness to mediate between the north and south, 
should such mediation be desired. Nothing could have been better expressed 
than the language of your own despatch ; and, without formally reading it 
to him, I endeavored to repeat, substantially, its language. Mr. Thouvenel 
seemed much gratified at its tone, and inasmuch as the Emperor had made 
like remarks to me personally, I begged that your repl}'' might be specially 
communicated to him, which was readily promised. This, as you may infer, 
was the most agreeable part of my duty, as connected with your despatch. 
• A short editorial in reference to the recognition of the independence of 
Italy, and in that connexion of the States of the south, which is herewith 
enclosed, first appeared in the Patrie, (a newspaper published in this city, 
and which has heretofore had a semi-official character.) It was republished 
on Sunday last in the " Moniteur" without remark, thus giving it an official 
significance which would not otherwise have been attached to it. It attracted 
much attention here, and some anxiety. I resolved that, at the first oppor- 
tunity, I would seek an explanation from the minister of foreign affairs. 
After my communication of your kind remarks, before referred to, I availed 
myself of the opportunity of calling his attention to this matter. He at 
once said that his own attention had been arrested by it; that it was a 
"silliness;" that Mr. Persigny (minister of the interior) was more dissatis- 
fied with it even than he w^as; that the Patrie had ceased, ten days ago, to 
be a semi-official paper; that he did not know how the paragraph had crept 
into the Moniteur, but that Count Walewski (minister of state) had been 
out of the city for ten days past, and that as a consequence matters had not 
had the usual oversight. He read me a note from the count, in answer to 
one he (Mr. Thouvenel) had written, inquiring if it would not be better to 
insert something to show that the paragraph was printed in the Moniteur 
by mistake, to which note the count replied that he thought it would be 
giving an unnecessary importance to the matter, and in that view Mr. 
Thouvenel, upon reflection, concurred. But he said be was vexed at the 
insertion in the Moniteur, and at the commentaries likelj'' to be made upon it. 
He said, furthermore, (what he has so often said before,) that the French 
government had no sympathy whatever with the seceding States of the 
south; that it had no idea of recognizing them as an independent power; 
that should they, in the course of time, obtain a status as an independent 
power among nations, and show themselves able to maintain that posi- 



ANNUAL MESSAGE OF THE PRESIDENT. 219 

tion, the French government might ultimately recognize them ; but this would 
be after the expiration of a time ample to test their ability in this behalf. He 
said, incidentally, three or four years, though I do not suppose he intended 
anything by tiiis, except to explain more fully his meaning. 

He said, furthermore, he had received Mr. Rost, (one of the commissioners 
of the south,) who applied to him through a third party; that he had not 
applied to be received as a commissioner from the soiith; if he had so done 
he would not have received him. ****** 

* *:!;******* 

% sK ******** 

Mr. Thouvenel referred, in terms of satisfaction, to a private note which 
he had received from j'ou, through this legation. 

I have just received a note from Mr. Perry, our charge d'affaires at Madrid, 
under date of the 16th instant, stating that on the next or following day a 
decree of that government would be made in reference to privateers and 
Spanish ports, of a like character, in the general, as that which has been made 
by the French government. This, in view of the locality of certain ports of 
Spain, will be an important benefit to us. 

With a blockade of the ports of the south, and the ports of other nations 
closed against them, there will be little hope left for profitable marauding 
on the high seas. 

I think I may say with some confidence that all the efforts of the agents of 
the confederates on this side of the channel have thus far been abortive. They 
have no encouragement to their hopes of recognition. They have met with 
no success in their attempts to negotiate a loan. I do not believe they have 
got any considerable supply of arms, and I think that we know substantially 
ivhat they have done and are attempting to do. My only fear is of a possible, 
not probable, reverse to our arms in Virginia, and a rush, under the excite- 
ment of a first victory, upon the city of Washington. Should they get 
possession, by any possibility, of that point, the prestige it would give them 
(aside from any strategic advantage) might be productive of most unhappy 
results. God grant that no such future may hang over us. 

He *;<;******* 

^ *;|< ****:!:** 

Jfs ********* 

With much respect, I have the honor to be your obedient servant, 

WM. L. DAYTON. 
Hon William H. Seward, 

Secretary of State. 



[Translation.] 

• The "Patrie" says: 

It is asserted that negotiations will be opened to bring about the re- 
establishment of diplomatic relations between France and the court of Turin. 
If tliey take effect, the consequence will bo the recognition of the Italian 
kingdom, composed of the provinces and states which have passed under 
the sceptre of his Majesty King Victor Emanuel, at the close of occurrences 
upon which France has not at this time occasion to express herself, but 
which have transpired through favor of the principle of non-intervention 
recognized in Europe. 

The renewal of diplomatic relations with Turin would not imply on the 
part of France, on the subject of the policy of the Italian kingdom, any 



220 ANNUAL MESSAGE OF THE PRESIDENT. 

judgment upon the past, nor any solidarity for the future. It would make 
it appear that the government de facto of this new state is sufficiently es- 
tablished to render it possible to entertain with it those international rela- 
tions which the interests of the two countries imperatively require. 

France, in her new attitude, would not purpose to interfere at all with the 
internal or external affairs of the Italian kingdom, which must be sole judge 
of its administration, as it is of its future and its destinies. It will act 
towards it as at some future day the great European powers will act upon 
the American question, by recognizing the new republic of the southern 
States when that republic shall have established a government resting on 
foundations which will permit the formation of international relations with 
it conducive to general interests. 



J/r. Dayton to Mr. Seivard. 

[Extracts.] 



No. 9.] Paris, June 1, 1861. 

Sir: I have the honor to acknowledge the receipt of a circular dated 
May 6, 1861, giving instructions in respect to granting passports. 

T understood him (M. Thouvenel) to say an answer could be got within 
ten or twelve days from the other powers. I was surprised at the briefness 
of the time stated, but supposed he meant to consult the representatives of 
those powers at this court; but his remark, ag I am now informed, applied 
to a consultation with certain of the ministers of the French government 
only. The statement in the American newspapers, that the Department of 
State had authorized the acceptance of the Paris treaty of 1856 (if that is 
understood by Lord Lj^ons to be a distinct acceptance of the treaty, pure 
and simple) will, I fear, prevent all chance of other terms. The late annun- 
ciation of the course of the British government, shutting their ports against 
privateers, (which so much limits the belligerent rights of the so-called 
Confederate States,) you will consider, perhaps, renders the accession of 
our government to the treat}' of Paris at this time of less importance than 
it otherwise would be. I think, from remarks in the New York press, 
(Herald and Times, and perhaps other prints which I have not seen,) that 
the force and efficacy of an accession by our goverimient to the treaty of 
Paris is misunderstood. If I understand the view of these foreign govern- 
ments, such accession by us would merely bind our hands as respects priva- 
teering; it would not at all enlarge our rights as against a belligerent 
power not a parly to the treaty; nor would it bind these European govern- 
ments to enforce the laws of piracy as against such belligerent power not a 
party to the treaty. If they admit the Confederate States as a belligerent 
power, and recognize them for even commercial purposes, (which, I take it, 
is what they mean to do,) our accession to the treaty of Paris will not 
change their action on this question. The status of these rebellious States 
as respects privateering will remain where it was; at least that is the view 
which I think is and will be taken of this question by England and France. 
But however this may be, I am happy to know that, in suggesting to the 
French government the amendment to that treaty, (securing private prop- 
erty afloat, unless contraband,) I have occasioned no unnecessary delay, in- 
asmuch as Mr. Adams has referred the whole matter back to Washington, 



ANNUAL MESSAGE OF THE PRESIDENT. 221 

and as soon as you shall act there, or before, upon a Dotificatiou to me, I 
can act here. 

With high consideration, I have, &c., 

WM. L. DAYTON. 
Hon. Wii. H. Sewaed, Secretary of State. 



3Ir. Seivard to Mr. Dayton. 



No. 13,] Department of State, 

Washington, June 8, 1861. 

Sir : Your despatch of May 22d (No. 5) has been received. Your safe 
arrival at your post of duty in this crisis, when our relations to foreign 
countries, and especially to P'rance, have assumed a degree of interest and 
importance never known before since the Constitution was established, is a 
source of sincere satisfaction. 

The President approves the sentiments you expressed on your presenta- 
tion to his Imperial Majesty. The manner in which he received you, and the 
friendly expressions made by himself, as well as those which were employed 
by Mr. Thouvenel, although not unexpected, have given us the liveliest 
satisfaction. 

We appreciate highly the Emperor's assurance that he would mediate be- 
tween the government and the insurgents, with a view to the maintenance 
and preservation of the Union, if such intervention were deemed desirable by 
us ; and that generous offer imposes a new obligation upon us toward 
France, which we acknowledge with sincere pleasure. 

If mediation were at all admissible in this grave case, that of his Majesty 
would not be declined. But the present paramount duty of the government is to 
save the integrity of the American Union. Absolute, self-sustaining inde- 
pendence is the first and most indispensable element of national existence. 
This is a republican nation ; all its domestic affairs must be conducted and 
even adjusted in constitutional republican forms and upon constitutional 
republican principles. This is an American nation, and its internal affairs 
must not only be conducted with reference to its peculiar continental posi- 
tion, but by and through American agencies alone. These are simple ele- 
mentary principles of administration, no one of which can be departed from 
with safety in any emergency whatever ; nor could it be departed from with 
the public consent, which rightfully regulates, through constitutionally con- 
stituted popular authorities, the entire business of the government. 

I have set them forth in no invidious, uncharitable, or ungenerous spirit. 
I state them fairly and broadly, because I know the magnanimity of the Em- 
peror of France, and I know that he can appreciate directness and candor in 
diplomacy. I know, moreover, that he is a friend of the United States, aud 
desires that they may continue one great and independent nation forever. I 
know still further, that the principles I have thus stated will commend them- 
selves to his own great wisdom. To invite or to accept mediation would be 
incompatible with these principles. 

When all this has been said, jou will then further say to Mr. Thouvenel, 
or to the Emperor, that if any mediation were at all admissible it would be 
his own that we should seek or accept. 

Tou may sa}', at the same time, that this government has no apprehension 
whatever of its being unable to conduct our domestic affairs through this 
crisis to a safe conclusion ; that consummation is even not far distant, if 



222 ANNUAL MESSAGE OF THE PRESIDENT. 

foreign powers shall practice towards us the same forbearance from inter- 
vention which we have habitually practiced towards them in emergencies 
similar to our own ; that intervention by them would only protract and 
aggravate the civil war in which we are unhappily engaged ; that civil 
war is a scourge to which we are more sensitive than any other people, but 
that the preservation of national unity, which is national existence, recon- 
ciles us to every form of difQculty and to the longest possible endurance of 
the trial in which we are engaged. 

Other subjects mentioned in your despatch will be the subject of a special 
communication after we shall have received the information from the French 
government which Mr. Thouvenel told Mr. Sanford that he should send with 
very little delay. It seems desirable to have the positions of the French 
government in regard to our affairs, as stated by itself, before we answer 
to inquiries bearing on the subjects to be discussed, which were referred 
to us through the conversation which took place at the time of your 
reception. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Daytox, Esq., &c., &c. &c., Paris. 

P. S. — I enclose a copy of a note of this date to Lord Lyons, which will 
dispel any uncertainty which the French government may entertain in regard 
to our recognition of a rule of international law which they may deem im- 
portant. 



Mr. Dayton to Mr. Seward. 

[Extracts.] 

No. 10.] Paris, June 12, 1861. 

Sir : Your despatch (No. 10) was duly received on the 9th instant, and, by 
the same steamer, certain enclosures which were delivered by me to Mr. 
Sanford as directed. 

Your despatch (which is of great interest) was likewise handed by me to 
Mr. Sanford, to be read and copied if desired, with strict injunctions as to 
the necessary care to prevent all premature exposure of its contents. * * 
You will observe in the first column of " Le Moniteur Universel" (a copy of 
which is herewith sent) that his Majesty the Emperor of the French, has 
published a formal declaration, setting out the principles by which this gov- 
ernment will be controlled in respect to vessels of war or privateers of the 
United States and of those who assume to have formed ( " pretendent formei") 
a separate confederation. These principles are substantially the same as those 
set forth in my despatch No. 5, and, if they are thoroughly carried out by 
this government, I do not see that much danger can arise to our commerce 
from French subjects, or any facilities afforded by French ports. Indeed, if 
, the insurrectionists of the south are recognized as belligerents, I do not see 
how we can justly ask or expect the French government to go further 
against the pretended confederacy than it has gone in this declaration. That 
part of the declaration which puts the vessels of the United States in the 
same category as the vessels of the Confederate States, may, I think, be 
justly complained of ; but this grows almost necessarily out of the recog- 
nition of those States as belligerents. France has placed upon their rights 
as belligerents (as it seems to me) the utmost limitation that she could put 



ANNUAL MESSAGE OF THE PRESIDENT. 223 

upon them, consistently with the recognition of such rights at all. She has 
done this, moreover, without offensive promulgation of sympathy with the 
southern rebels either upon the part of the government or its statesmen, but 
with expressions of kindness and respect for us throughout. 

I have not yet received from Mr. Thouvenel an answer to my written 
proposition to open negotiations for the accession of the United States to 
the treaty of Paris of 1856. A copy of that written proposition, marked A, 
is hereunto attached. 

The European press, so far as I have observed, take it for granted that 
the accession of the United States to that treaty would not at all alter the rela- 
tions of the several powers to the so-called southern confederacy. A treaty 
cannot of itself alter the law of nations, although it may restrict the rights 
of those States which become parties to it. The treaty of Paris certainly 
did not prevent the United States, while no party to it, from issuing letters 
of marque, nor would the accession of the United States to such treat}'' pre- 
vent the confederates of the south from doing the same thing if they are 
recognized by other nations as a belligerent power. The whole difficulty, 
every subsequent right which has been conceded to the confederates, grows 
out of that recognition. 

It is doubtful, perhaps, whether the other powers will, under the circum- 
stances, negotiate for the accession of the United States at this time to the 
treaty in question ; but should they do so, it will be with the understand- 
ing, I take it, that it imposes no new duties upon them growing out of our 
domestic controversy. I beg pardon, however, for these suggestions. They 
may, perhaps, be considered a little beyond the line of my official duties. 

* ;^ >;: >!« * ^ 

With high consideration, I have the honor to be your obedient servant, 

WM. L. DAYTON. 

Hon. William H. Seward, 

Secretary of State, &c. 



Paris, May 31, 1861. 

Sir: In conformity with the verbal promise I gave at our last conference, 
1 now have the honor to propose to your excellency an accession, on the part 
of the United States of America, to " the declaration concerning maritime 
law," adopted by the plenipotentiaries of France, Great Britain, Austria, 
Prussia, Russia, Sardinia, and Turkey, at Paris, on the 16th of April, 1856, 
with the addition to the first clause, which declares "privateering is and 
remains abolished," of the following words: "And the private property of 
the subjects or citizens of a belligerent on the high seas shall be exempted 
from seizure by public armed vessels of the other belligerent, unless it be 
contraband." 

Thus amended I will immediately sign a convention on the part of the 
United States, acceding to the declaration, which will, I doubt not, be 
promptly ratified and confirmed by m^' government. 

With much respect, I have the honor to be your very obedient servant, 

WM. L. DAYTON. 

His Excellency Monsieur Thouvexel, 

Minister cf Foreign Affairs. 



224 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Seward to Mr. Dayton. 

No. 19.] Department of State, 

Washington, June 1*1, 1861. 

Sir: Every instruction -whicli this government has given to its repre- 
sentatives abroad, since the recent change of administration took place, has 
expressed our profound anxiety lest the disloyal citizens who are engaged 
in an attempt to overthrow the Union should obtain aid and assistance 
from foreign nations, either in the form of a recognition of their pretended 
sovereignty, or in some other and more qualified or guarded manner. Every 
instruction has expressed our full belief that, without such aid or assistance, 
the insurrection would speedily come to an end, while any advantage that 
it could derive from such aid or assistance could serve no other purpose 
than to protract the existing struggle and aggravate the evils it is inflicting 
on our own country and on foreign and friendly nations. Every instruction 
bears evidence of an earnest solicitude to avoid even an appearance of 
menace or of want of comity towards foreign powers; but at the same 
time it has emphatically announced, as is now seen to have been necessary, 
our purpose not to allow any one of them to expect to remain in friendship 
with us if it should, with whatever motive, practically render such aid or 
assistance to the insurgents. We have intended not to leave it doubtful 
that a concession of sovereignty to the insurgents, though it should be indi- 
rect or unofficial, or though it should be qualified so as to concede only 
belligerent or other partial rights, would be regarded as inconsistent with 
the relations due to us by friendly nations. Nor has it been left at all 
uncert.^in that we shall, in every event, insist that these United States must 
be considered and dealt with now, as heretofore, by such nations as exclu- 
sively sovereign for all purposes whatsoever within the territories over 
which the Constitution has been extended. On the other hand we have not, 
at any time, been unmindful of the peculiar circumstances which might 
excite apprehensions on the part of commercial nations for the safety of 
their subjects and their property in the conflicts which might occur upon 
sea as well as on land between the forces of the United States and those of 
the insurgents. 

The United States have never disclaimed the employment of letters of 
marque as a means of maritime war. The insurgents early announced their 
intention to commission privateers. We knew that friendly nations would 
be anxious for guarantees of safety from injury by that form of depredation 
upon the national commerce. We knew also that such nations would desire 
to be informed whether their flags should be regarded as protecting goods, 
not contraband of war, of disloyal citizens, found under them, and whether 
the goods, not contraband, of subjects of such nations would be safe from 
confiscation when found in vessels of disloyal citizens of the United States. 
This administration, free from some of the complications of those which had 
preceded it, promptly took up the negotiations relating to the declaration 
of the congress of Paris, just at the point where they had been suspended 
by President Buchanan. We found it just and humane in itself so far as 
it goes, and that it had only failed to be accepted by the United States 
because foreign nations had refused to accept an additional principle pro- 
posed by this government, yet more just and humane than any which it does 
contain, namely, that the property of private citizens, not contraband, 
should be exempted from confiscation in maritime war. AVhile still willing 
and desirous to have that further principle incorporated in the law of nations, 
we nevertheless instructed you, and all our representatives in foreign coun- 
tries, to waive it, if necessary, and to stipulate, subject to the concurrence 



ANNUAL JMESSAGE OF THE PRESIDENT. 225 

of the Senate of the United States, our adhesion to the declaration of the 
congress of Paris as a whole and unmodified. This was done so early as 
the 25th da}'^ of April last, long before the date of the instructions which 
Mr. Mercier proposed to submit to us. We have ever since tliat time been 
waiting for the responses of foreign powers to this high and liberal demon- 
stration on our part. We have, however, received no decisive answers on 
the subject from those powers. 

It was under these circumstances that on the fifteenth day of June in- 
stant, the minister from France and the minister from Great Britain, having 
previously requested an interview, were received by me. Each of them 
announced that he was charged by his government to read a despatch to me 
and to give me a copy if I should desire it. 

I answered that, owing to the peculiar circumstances of the times, I could 
not consent to an ofiicial reading or delivery of these papers without first 
knowing their characters and objects. They confidentially and with entire 
frankness put the despatches into my hands for an informal preliminary ex- 
amination. Having thus become possessed of their characters, I replied to 
those ministers that I could not allow them to be ofiBcially communicated to 
this government. They will doubtless mention this answer to their respective 
states. 

I give you now the reasons of this government for pursuing this course 
in regard to the despatch from France, that you may communicate them to 
the French government, if you shall find it necessary or expedient. 

Some time ago we learned through our legation at St. Petersburg that an 
understanding had been effected between the governments of Great Britain 
and France that they should take one and the same course on the subject of 
the political disturbances in this country, including the possible recognition 
of the insurgents. At a later period this understanding was distinctly 
avowed by Mr. Thouvenel to Mr. Sanford, who had been informally intro- 
duced by me to the French minister for foreign affairs, and by Lord John 
Kussell to Mr. Dallas, our late minister in London. The avowal in each 
case preceded the arrival of our newly appointed ministers in Europe, with 
their instructions for the discharge of their respective missions. 

On receiving their avowals I immediately instructed yourself and Mr, 
Adams "that although we might have expected a different course on the 
part of these two great powers, yet, as the fact that an understanding 
existed between them did not certainly imply an unfriendly spirit, we should 
not complain of it, but that it must be understood by the French and British 
governments that we shall deal hereafter, as heretofore, in this case, as. in 
all others, with each power separately, and that the agreement for concerted 
action between them would not at all influence the course we should pursue." 
The concert thus avowed has been carried out. The ministers came to me 
together; the instructions they proposed to me differ in form, but are counter- 
parts in effect. 

Adhering to our previous decision, which before this time has doubtless 
been made known to the government of France, we do not make this con- 
cert, under the circumstances, a reason for declining to hear the instruction 
with which Mr. Mercier is charged. 

That paper does not expressly deny the sovereignty of the United States 
of America, but it does assume, inconsistently with that sovereignty, that 
the United States are not altogether and for all purposes one sovereign 
power, but that this nation consists of two parties, of which, this govern- 
ment is one. France proposes to take cognizance of both parties as bellige- 
ents, and for some purposes to hold communication with each. The 
instruction would advise us indeed that we must not be surprised if France 
shall address herself to a government which she says is> t43.be installed at 
Ex Doc. 1 15 



226 AJVfNUAX, MESSAGE OF THE PRESIDENT. 

Montgomery, for certain explanations. This intimation is conclusive in 
determining this government not to allow the instruction to be read to it. 

The United States rightly jealous, as we think, of their sovereignty, 
cannot suffer themselves to debate any abridgement of that sovereignty 
with France or with any other nation. Much less can it consent that France 
shall announce to it a conclusion of her own against that sovereignly, which 
conclusion France has adopted without any previous conference with the 
United States on the subject. This government insists that the United 
States are one whole undivided nation, especially so far as foreign nations 
are concerned, and that France is, by the law of nations and by treaties, not 
a neutral power between two imaginary parties here, but a friend of the 
United States. 

In the spirit of this understanding of the case, we are not only not wishing to 
seek or to give offence to France, but, on the contrary, we desire to preser ve 
peace and friendship with that great power, as with all other nations. We do 
not feel at liberty to think, and do not think, that France intended any want 
of consideration towards the United States in directing that the instruction 
in question should be read to us. Outside of that paper we have abundant 
evidence of the good feeling and good wishes of the Emperor, and even his 
anxious solicitude for the same consummation which is the supreme object 
of our own desires and labors, namely, the preservation of the American 
lUnion in its full and absolute integrity. 

Doubtless the proceeding has been the result of inadvertence. We feel 
ourselves at liberty to think that it would not have occurred if we had been 
so fortunate as to have been heard through you in the consultations of the 
French government. We think we can easily see how the inadvertence has 
occurred. France seems to have mistaken a mere casual and ephemeral in- 
surrection here, such as is incidental in the experience of all nations, because 
all nations are merely human societies, such as have sometimes happened in 
the history of France herself, for a war which has flagrantly separated this 
nation into two co-existing political powers which are contending in arms 
against each other after the separation. 

It is erroneous, so far as foreign nations are concerned, to suppose that 
any war exists in the United States. Certainly there cannot be two bellig- 
erent powers where there is no war. There is here, as there has always 
been, .one political power, namely, the United States of America, competent 
to make war and peace, and conduct commerce and alliances with all foreign 
nations. There is none other, either in fact, or recognized by foreign nations. 
There is, indeed, an armed sedition seeking to overthrow the government, 
and the government is employing military and naval forces to repress it. 
But these facts do not constitute a war presenting two belligerent powers, 
and modifying the national character, rights, and responsibilities, or the 
characters, rights, and responsibilities of foreign nations. It is true that 
insurrection may ripen into revolution, and that revolution thus ripened may 
extinguish a previously existing State, or divide it into one or more inde- 
pendent States, and that if such States continue their strife after such division, 
then there exists a state of war affecting the characters, rights, and duties 
of all parties concerned. But this only happens when the revolution has 
run its successful course. 

The French government says, in the instruction which has been tendered 
to us, that certain facts which it assumes confer upon the insurgents of this 
country, in the eyes of foreign powers, all the appearances of a government 
de facto, wherefore, whatever may be its regrets, the French government 
must consider the two contending parties as employing the forces at their 
disposal in conformity with the laws of war. 

This statement assumes not only that the law of nations entitles any 



ANNUAL MESSAGE OF THE PRESIDENT. 227 

insurrectionaiy faction, when it establishes a de facto government, to be 
treated as a belligerent, but also that the fact of the attainment of this status 
is to be determined by the appearance of it in the eyes of foreign nations. If 
we should concede both of these positions, we should still insist that the exist- 
ence of a de facto government, entitled to belligerent rights, is not estab- 
lished in the present case. We have already heard from most of the foreign 
nations. There are only two which seem so to construe appearances, and 
France is one of them. Are the judgments of these two to outweigh those 
of all other nations ? Doubtless each nation may judge and act for itself, 
but it certainly cannot expect the United States to accept its decision upon 
a question vital to their national existence. The United States will not 
refine upon the question when and how new nations are born out of existing 
nations. They are well aware that the rights of the States involve their 
duties and their destinies, and they hold those rights to be absolute as 
against all foreign nations. These rights do not at all depend on the appear- 
ances which their condition may assume in the eyes of foreign nations, 
whether strangers, neutrals, friends, or even allies. The United States will 
maintain and defend their sovereignty throughout the bounds of the republic, 
and they deem all other nations bound to respect that sovereignty until, if 
ever, Providence shall consent that it shall be successfully overthrown. Any 
system of public law or national morality that conflicts with this would 
resolve society, first in this hemisphere and then in the other, into anarchy 
and chaos. 

This government is sensible of the importance of the step it takes in 
declining to hear the communication the tender of which has drawn out 
these explanations. It believes, however, that it need not disturb the good 
relations which have so long and so happily subsisted between the United 
States and France. 

The paper, as understood, while implying a disposition on the part of 
France to accord belligerent rights to the insurgents, does not name, specify, 
or even indicate one such belligerent right. On the other hand, the rights 
which it asserts that France expects, as a neutral, from the United States, 
as a belligerent, are even less than this government, on the 25th of April, 
instructed you to concede and guaranty to her by treaty, as a friend. On 
that day we ofl'ered to her our adhesion to the declaration of Paris, which 
contains four propositions, namely: 1st. That privateering shall be abolished. 
2d. That a neutral flag covers enemy's goods not contraband of war. 3d. That 
goods of a neutral, not contraband, shall not be confiscated though found in 
an enemy's vessel. 4th. That blockades, in order to he lawful, must be 
maintained by competent force. We have always, when at war, conceded 
the three last of these rights to neutrals, a fortiori, we could not when at 
peace deny them to friendly nations. The first-named concession was pro- 
posed on the grounds alread}^ mentioned. We are still ready to guarantee 
these rights, by convention with France, whenever she shall authorize either 
you or her minister here to enter into convention. There is no reservation 
or difficulty about their application in the present case. We hold all the 
citizens of the United States, loyal or disloyal, alike included by the law of 
nations and treaties; and we hold ourselves bound by the same obligations 
to see, so far as may be in our power, that all our citizens, whether main- 
taining this government or engaged in overthrowing it, respect those rights 
in favor of France and of every other friendly nation. In any case, not only 
shall we allow no privateer or national vessel to violate the rights of friendly 
nations as I have thus described them, but we shall also employ all our naval 
force to prevent the insurgents from violating them just as much as we do 
to prevent them from violating the laws of our own country. 



228 ANNUAL JtlESSAGE OF THE PRESIDENT. 

What, then, does France claim of us that we do not accord to her? 
Nothing. What do we refuse to France by declining to receive the com- 
munication sent to us through the hands of Mr. Mercier? Nothing but the 
privilege of telling us that we are at war, when we maintain we are at 
peace, and that she is a neutral, when we prefer to recognize her as a friend. 

Of course, it is understood that on this occasion we reserve, as on all 
others, our right to suppress the insurrection by naval as well as by mili- 
tary power, and for that purpose to close such of our ports as have fallen or 
ma}^ fall into the hands of the insurgents, either directly or in the more 
lenient and equitable form of a blockade, which for the present we have 
adopted. It is thus seen that there is no practical subject of diiference 
between the two governments. The United States will hope that France 
will not think it necessary to adhere to and practice upon the speculation 
concerning the condition of our internal affairs which she has proposed to 
communicate to us. But however this may be, the United States will not 
anticipate any occasion for a change of the relations which, with scarcely 
any interruption, have existed between the two nations for three-quarters of 
a century, and have been very instrumental in promoting, not merely the 
prosperity and greatness of each State, but the cause of civil and religious 
liberty and free institutions throughout the world. 

This government undei'stands equally the interest of friendly nations and 
its own in the present emergency. If they shall not interfere, the attempt 
at revolution here will cease without inflicting serious evils upon foreign 
nations. All that they can do by any interference, with a view to modify 
our action, will only serve to prolong the present unpleasant condition of 
things, and possibly to produce results that would be as universally 
calamitous as they would be irretrievable. 

The case, as it now stands, is the simple, ordinary one that has happened 
at all times and in all countries. A discontented domestic faction seeks for- 
eign intervention to overthrow the Constitution and the liberties of its own 
country. Such intervention, if yielded, is ultimately disastrous to the cause 
it is designed to aid. Every uncorrupted nation, in its deliberate moments, 
prefers its own integrity, even with unbearable evils, to division through the 
power or influence of any foreign State. This is so in France. It is not 
less so in this country. Down deep in the heart of the American people — 
deeper than the love of trade, or of freedom — deeper than the attachment 
to any local or sectional interest, or partizan pride or individual ambition — 
deeper than any other sentiment — is that one out of which the Constitution 
of this Union arose, namely, American independence — independence of all 
foreign control, alliance, or influence. Next above it lies the conviction that 
neither peace, nor safety, nor public liberty, nor prosperity, nor greatness, 
nor empire, can be attained here with the sacrifice of the unity of the people 
of North America. Those who, in a frenzy of passion, are building expecta- 
tions on other principles do not know what they are doing. Whenever one 
part of this Union shall be found assuming bonds of dependence or of frater- 
nity towards any foreign people, to the exclusion of the sympathies of their 
native land, then, even if not before, that spirit will be reawakened which 
brought the States of this republic into existence, and which will preserve 
them united until the common destiny which it opened to them shall be fully 
and completely realized. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esq., dc, &€., &c. 



ANNUAL MESSAGE OF THE PEESIDENT. 229 

Mr. Seward to 3Ir. Dayton. 

[Extracts.] 

No. 22.] Department of State, 

Washington, June 22, 1861. 
Sir: 

Your answer to offers of service and of maieriel of war seems to have been 
judicious. If the War Department should find need for the latter, it will 
commission proper agents. As for the former, the offers for military service, 
and by our own citizens, surpass equally our calls and our needs. Colontd 
Frdmont's purchases are thankfully approved, and the drafts of yourself and 
Mr. Adams, mentioned by you, will be accepted. The President expresses 
great satisfaction with the promptness and decision manifested by you in 
the matter. 

We wish to act singl}' and in good faith with the French government. We 
understand, and shall continue to understand, that France does not concede 
belligerent rights to the insurgents in contravention of our sovereignty. 
We shall insist that she does nothing adverse to our position, whatever may 
be said to the contrary. 

She has proposed to tell us that she thinks the confederate States are en- 
titled to belligerent rights. We have declined to hear that. We have not 
heard it. We shall continue to regard France as respecting our government, 
throughout the whole country, until she practically acts in violation of her 
friendly obligations to us, as we understand them. When she does that, it will 
be time enough to inquire whether, if we accede to the treaty of Paris, she 
could, after that, allow pirates upon our commerce shelter in her ports; 
and what our remedy then should be. We have no fear on this head. 

We are dealing now as a nation at peace with France as a friend. We 
have told her that we shall not consent to her change of this relation. 

She knows, distinctly, if she accepts our adhesion to the declaration of 
the congress of Paris, the ground on which it is given by us. 

While saying this, however, we also confess that our solicitude on the 
subject is not so intense now, since the responsibility for the next step 
remains with France and not with us. 

Still we wish you to act directly and frankl^'^, being always ready to per- 
form all we have offered. 

This despatch is strictly confidential, 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 



3fr. Dayton to Mr. Seward. 

[Extracts .] 

Paris, June 22, 1861, 

Sir: I have the honor to enclose to you a copy of the reply of Mr. Thou- 
venel to my proposition, on the part of the United States, to open negotia- 
tions for its accession to the treaty of Paris of 1856, according to the terms 
therein stated. 

In our first conversation upon this subject, I understood from Mr. Thou- 



230 ANNUAL MESSAGE OF THE PRESIDENT. 

venel that on a written proposition from me for negotiation he would ad- 
dress the other powers (parties to the treaty) upon the subject. That a note 
from me would afford him a starting point for communicating with such 
powers. Upon further reflection, or upon conference with his associates in 
the government, he now writes that it will be necessary that I address 
myself jointly (if I understood him rightly) to all the powers associated in 
that treaty, before my proposition can be considered. 

Our condition as respects privateering and the belligerent rights conceded 
to the south has been so changed by the action of Great Britain, France 
and Spain, subsequent to the first declaration of Lord John Russelll, (stating 
that such belligerent rights would be conceded,) that I know not what may 
be the views of the government of the United States at this time as respects 
an accession to the treaty of 1856, pure and simple. But as I have learned 
that nothing substantially has been done in that direction at other points, 
and I do not see that the interests of the country will be jeoparded by a 
little delay, I shall await further instructions upon this subject. My first 
despatch referring to this matter was dated 22d of May last, and I doubt 
not I shall now receive an answer at an early day. If the government of 
the United States shall, in view of the circumstances, direct me to make the 
proposition to the French government to accede to the Paris treaty, pure 
and simple, I will, acting under such express direction, lose no time in 
making the proposition. ****** 
With high consideration, I am yours, very truly, 

WM. L. DAYTON. 

Hon. William H. Seward, 

Secretary of State. 



Mr. Dayton to Mr. Seward. 
[Extract.] 



No. U.] Paris, June 28, 1861. 

Sir: Your despatches (Nos. 13 and 14) are duly received. The copy of 
your letter to Lord Lyons, recognizing the rights of neutrals to property 
taken in vessels of the insurgents, will be communicated on the first oppor- 
tunity to Mr. Thouvenel. This will relieve any doubts the French gov- 
ernment may have had heretofore on this subject. 

* * * Ti,g Emperor and most of the ministers being in the country, 
and the legislative chambers about to adjourn, there is little probability of 
anything of interest occurring here at an early day, unless something shall 
occur in America which shall give rise to it. 

With much respect, I am yours, very truly, 

WM. L. DAYTON 
Hon. Wm. H. Seward, 

Secretary of State. 



ANNUAL MESSAGE OF THE PRESIDENT. 231 

Mr. Seward to Mr. Dayton. 

[Extracts.] 

No. 26.] Department of State, 

Washington, July 6, 1861. 

Sir: Your despatch No. 11, dated on the day of Juue ultimo, has 

been received. 



The President is highly gratified by the disposition which Mr. Thouvenel 
has made of the application of the agents of the insurrectionists for recogni- 
tion of their pretended revolution. What you have reported to us in this 
respect is happily confirmed in even more emphatic language by the com- 
munication which Mr. Mercier has made to us to-day under instructions 
from his government. 

We are pleased that you called Mr. Thouvenel's attention to the mis- 
chievous paragraph in the Moniteur, because it has drawn out renewed and 
most satisfactory assurances of the friendly feelings and good wishes of tlie 
gov3rnment of France. At the same time, it is but just to ourselves that 
you shall now inform Mr. Thouvenel that it is our settled habit never to 
overhear what the press, or the ministers, or even the monarch of a foreign 
cour.try with which we are in amity, says concerning us, and never to ask 
any explanations so long as such observations are not directly communicated 
by the government itself to us, and it, at the same time, discharges all its 
customary functions without hostilit}' or injury to us. Our reasons for this 
are that we know, first, there are state necessities which do not always per- 
mit, in any country, the practice of entire fraukness concerning foreign 
questions; secondly, that unguarded and inconsiderate expressions, even by 
persons in high authority, ought not to disturb established and harmonious 
relations between friendly nations; and, thirdly, that we know that the 
maintenance of our rights and character depend, as they ought, chiefly on 
our own fidelity to ourselves, and very little on the favorable opinion of even 
the most candid and liberal nations. Friendship towards, and confidence in, 
the good will of France towards us are settled habits of mind on the part 
of the American people. If anything is hastily written or spoken on either 
side that would seem to indicate a difierent sentiment, it is wise to let it 
pass without sensibility, and certainly without querulous animadversion. 

Mr. Burlingame will, before this time, have been advised of his appoint- 
ment as minister to China. His delay at Paris is approved in consideration 
of the peculiar circumstances of the case. 

1 am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esq., &c., &c., &c. 



Mr. Seward to Mr. Dayton. 



No. 27.] Department or State, 

Waahington, July 6, 1861. 
Sir: Your despatch No 12 (dated June 22) has been received. It 
relates to our proposition for accession to the declaration of Paris. This 



232 ANNUAL MESSAGE OF THE PRESIDENT. 

affair has become very much complicated, by reason of the irregular 
and extraordinary proceeding- of the French government in proposing 
to take notice of the domestic disturbance which has occurred in this 
country. I do not know that even now I can clear the matter up 
effectually without knowing what may be the result of tlie conmiunication 
which, in my despatch No. 19, I instructed you to make to the French gov- 
ernment. I will try, nevertheless, to do so. The instructions contained in 
my despatch No. 4, dated 24th of April last, required you to tender to the 
French government, without delay, our adhesion to the declaration of the 
congress of Paris, pure and simple. 

The reason why we wished it done immediately was, that we sup}X)sed 
the French government would naturally feel a deep anxiety about the safety 
of their commerce, threatened distinctly with privateering by the insurgents, 
while at the same time, as this government had heretofore persistently de- 
clined to relinquish the right of issuing letters of marque, it would be appre- 
hended by France that we too should take up that form of maritime warfare 
in the present domestic controversy. We apprehended that the danger of 
such a case of depredation upon commerce equally by the government itself, 
and by its enemies, would operate as a provocation to France and other 
commercial nations to recognize the insurrectionary party in violation of our 
national rights and sovereignty. On the contrary, we did not desire to 
depredate on friendly commerce ourselves, and we thought it our duty to 
prevent such depredations by the insurgents by executing our own laws, 
which make privateering by disloyal citizens piracy, and punish its 
pursuit as such. We thought it wise, just, and prudent to give, unasked, 
guarantees to France and other friendly nations for the security of their 
commerce from exposure to such depredations on either side, at the very 
moment when we were delivering to them our protest against the recogni- 
tion of the insurgents. The accession to the declaration of Paris would be 
the form in which these guarantees could be given — that for obvious reasons 
must be more unobjectionable to France and to other commercial nations 
than any other. It was safe on our part, because we tendered it, of course, 
as the act of this federal government, to be obligatory equally upon disloyal 
as upon loyal citizens. 

The instructions waived the Marcy amendment, (which proposed to exempt 
private property from confiscation in maritime war, ) and required you to pro- 
pose our accession to the declaration of the congress of Paris, pure and simple. 
These were the reasons for this course, namely: First. It was as well under- 
stood by this government then, as it is now by yourself, that an article of 
that celebrated declaration prohibits every one of the parties to it from 
negotiating upon the subject of neutral rights in maritime warfare with 
any nation not a party to it, except for the adhesion of such outstanding 
party to the declaration of the congress of Paris, pure and simple. An 
attempt to obtain an acceptance of Mr. Alarcy's amendment would require a 
negotiation not merely with France alone, but with all the other original 
parties of the congress of Paris, and every government that has since 
acceded to the declaration. Nay, more: we must obtain their unanimous 
consent to the amendment before being able to commit ourselves or to en- 
gage any other nation, however well disposed, to commit itself to us on the 
propositions actually contained in the declaration. On the other hand, each 
nation which is a party to the declaration of Paris is at liberty to stipulate 
singly with us for acceptance of that declaration for the government of our 
neutral relations. If, therefore, we should waive the Marcy proposition, or 
leave it for ultimate consideration, we could establish a complete agreement 
between ourselves and France on a subject which, if it should be left open, 



ANNUAL MESSAGE OF THE PEESIDENT. 233 

might produce consequences very much to be deprecated. It is almost 
unnecessary to say that what we proposed to France was equally and simul- 
taneously proposed to every other maritime power. In this way we ex- 
pected to remove every cause that any foreign power could have for the 
recognition of the insurgents as a belligerent power. 

The matter stood in this plain and intelligible way until certain declara- 
tions or expressions of the French government induced you to believe that 
they would recognize and treat the insurgents as a distinct national power 
for belligerent purposes. It was not altogether unreasonable that you, 
being at Paris, should suppose that this government would think itself 
obliged to acquiesce in such a course by the government of France. So 
assuming, you thought that we would not adhere to our proposition to 
accede to the declaration, pure and simple, since such a course would, as 
you thought, be effective to bind this government without binding the 
insurgents, and would leave France at liberty to hold us bound, and the 
insurgents free from the obligations created by our adhesion. Moreover, if 
we correctly understand your despatch on that subject, you supposed that 
you might propose our adhesion to the treaty of Paris, not pure and simple, 
but with the addition of the Marcy propositiou in the first instance, and 
might afterwards, in case of its being declined in that form, withdraw the 
addition, and then propose our accession to the declaration of Paris, pure 
and simple. 

While you were acting on these views on your side of the Atlantic, we 
on tliis side, not less confident in our strength than in our rights, as you are 
now aware, were acting on another view, which is altogether different, 
namely, that we shall not acquiesce in any declaration of the government 
of France that assumes that this government is not now, as it always has 
been, exclusive sovereign, for war as well as for peace, within the States 
and Territoi'ies of the federal Union, and over all citizens, the disloyal and 
loyal all alike. We treat in that character, which is our legal character, or 
we do not treat at all, and we in no way consent to compromise that 
character in the least degree; we do not even suffer this character to 
become the subject of discussion. Good faith and honor, as well as the 
same expediency which prompted the prolTer of our accession to the declara- 
tion of Paris, pure and simple, in the first instance, now require us to adhere 
to that proposition and abide by it; and we do adhere to it, not, however, 
as a divided, but as an undivided nation. The proposition is tendered to 
France not as a neutral but as a friend, and the agreement is to be obliga- 
tory upon the United States and France and all their legal dependencies 
just alike. 

The case was peculiar, and in the aspect in which it presented itself 
to you portentous. We were content that you might risk the experi- 
ment, so, however, that you should not bring any responsibility for 
delay upon this government. But you now see that by incorporating 
the Marcy amendment in your proposition, you have encountered the very 
difficulty which was at first foreseen by us. The following nations are 
parties to the declaration of Paris, namely : Baden, Bavaria, Belgium, 
Bremen, Brazils, Duchy of Brunswick, Chili, the Argentine Confedera- 
tion, the Germanic Confederation, Denmark, the two Sicilies, the Re- 
public of the Equator, the Roman States, Greece, Guatemala, Hayti, Ham- 
burgii, Hanover, the two Hesses, Lubeck, Mecklenburgh Strelitz, Mecklen- 
burgh Schwerin, Nassau, Oldenburgh, Parma, Holland, Peru, Portugal, 
Saxony, Saxe Altenburgh, Saxe Coburg Gotha, Saxe Meiningen, Saxe 
Weimar, Sweden, Switzerland, Tuscany, Wurtemburg, Anhault Dessau, 
Modena, New Granada, and Uruguay. 



234 AOTfUAL MESSAGE OF THE PRESIDENT. 

The great exigency in our affairs will have passed away — for preserva- 
tion or destruction of the American Union — before we could bring all these 
nations to unanimity on the subject, as you have submitted it to Mr. 
Thouvcnel. It is a time not for propagandism, but for energetic acting to 
arrest the worst of all national calamities. We therefore expect you now to 
renew the proposition in the form originally prescribed. But in doing this 
you will neither unnecessarily raise a question about the character in which 
this government acts, (being exclusive sovereign,) nor, on the other hand, 
in any way compromise that character in any degree. Whenever such a 
question occurs to hinder you, let it come up from the other party in the 
negotiation. It will be time then to stop and wait for such further in- 
structions as the new exigency may require. 

One word more. You will, in any case, avow our preference for the 
proposition with the Marcy amendment incorporated, and will assure the 
government of France that whenever there shall be any hope for the 
adoption of that beneficent feature by the necessary parties, as a principle 
of the law of nations, we shall be ready not only to agree to it, but even to 
propose it, and to lead in the necessary negotiations. 

This paper is, in one view, a conversation merely between j^ourself and 
us. It is not to be made public. On the other hand, we confide in your 
discretion to make such explanations as will relieve yourself of embarrass- 
raents, and this government of any suspicion of inconsistency or indirection 
in its intercourse with the enlightened and friendlj^ government of France. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esq., <&c., &c., &c. 



Mr. Dayton to Mr. Seward. 
[Extract.] 



No. 15.] Paris, July 5, 1861. 

Since writing the above I have received your despatches, Nos. 12, 19, 
and 20 I infer, from the contents of No. 19, that Mr. Mercier is aware of 
your original instructions to me on the subject of an accession to the treaty 
of Paris of 1856, and that you hold yourself open to negotiate with him 
there on that subject. As Mr. Adams has referred this question back to be 
treated of at Washington, and it is evident, I think, that Great Britain and 
France will act upon advisement at least with each other, it seems to 
me that it will be more convenient, in every respect, that you should take 
charge of the whole question at Washington, rather than have it dealt with 
by difi'erent persons, at the same time, each ignorant to a great extent of 
the action of the other. Besides, it is due to frankness to say that, if a 
convention is to be negotiated for an accession by the United States to the 
treaty of Paris, without amendment to the first clause, I would prefer it 
should be done at Washington rather than Paris. Still, I hold mj'self 
subject to the orders of the government in this as in other matters. I have 
already said I should await further instructions from your department on 
this subject. 

With much respect, I have the honor to be, truly yours, 

WILLIAM L DAYTON. 

Hon. William H. Seward, 

Secretary of State. 



AlfNUAL MESSAGE OF THE PRESIDENT. 235 

Mr, Dayton to Mr. Seward. 
[Extracts.] 

No. 21.] Paris, Juhj 22, 1861. 

Sir: Your despatches, Nos. 24 and 25, are duly received. Despatches 19, 
22, and 24, treat iu whole or in part of the same general matter. 

I have read despatch No. 19 with great interest. It had not occurred to 
me that you might deny to France and Great Britain an official reading of 
their despatches which announced to our government their concession of 
belligerent rights to the south; or tiiat, if you should do so, it would alter 
the relations of parties to the question. If it has that effect diplomatically^, 
or relieves you from noticing their position, you were certainly right. Indeed, 
I cannot see how, upon the ground that you put the matter, France has just 
cause of offence. You say merely you want no notice of a piwpose by her 
to do what you consider an unfriendly act; that you will wait until the act 
is done before you choose to notice it; that, in other words, you choose to 
consider her as a friend until she shows herself by acts, not words, to be 
the contrary. ****** 

The reasons assigned for your course you say I may communicate to the 
French government if I " shall find it necessary or expedient." I shall not 
fail to avail myself of this authority upon the earliest opportunity which 
shall be afforded for doing so. The just reasoning and friendly tone of your 
despatch will be invaluable for justification of your course and the pre- 
vention of difficulties. Unless, however, they refer to your action or make 
it a subject of complaint, it is, I suppose, not expedient for me to volunteer 
explanations. I was much surprised by one fact found in the despatch from 
the French government left with you for an informal reading, to wit: that 
you must not be surprised if France should address herself to a government 
which she says is to be installed at Montgomery for certain explanations. 
I could not have anticipated, from what had been said to me here, that such 
a course was in contemplation. Should they adopt it, the act would seem 
to me to approximate a recognition in this instance of the southern govern- 
ment more nearlj^ than anything that has yet occurred. In that event, your 
future course will, no doubt, be guided hj that wisdom which is so essential 
to carry us through the troubles of our present position. * * * 

With much respect, I have the honor to be your obedient servant, 

WM. L. DAYTON. 

Hon. Wm. H. Seward, 

Secretary of State. 



Mr. Seicard to Mr. Dayton. 

[Extract.] 



No. 30.] Departmext of State, 

Washington, July 26, 1861. 

The President is not impatient about the negotiations concerning neutral 
rights. We trust that we have kept our own position right and clear. 

You will probably find some anxiety on the part of the French govern- 
ment concerning a law which has passed Congress authorizing the President 



236 ANNUAL MESSAGE OF THE PRESIDENT. 

to close the ports held by the insurgents. I send you a copy of my instruc- 
tions to Mr. Adams on that subject, which you will receive for your own 
government in that matter. 



I am, &c., 
William L. Dayton, Esq., Sc, Sc, &c. 



WILLIAM H. SEWARD. 



Mr. Seward to Mr. Day Ion. 
[Extract.] 



No. 3L] Department of State, 

Washington, July 30, 186 L 

U j-p B^fC JjC Tf. ^ 5^ 5jC yfi. 3)C 

You will receive the account of a deplorable reverse of our arms at Manassas. 
For a week or two that event will elate the friends of the insurgents in 
Europe as it confounded and bewildered the friends of the Union here for 
two or three days. The shock, however, has passed away, producing no 
other results than a resolution stronger and deeper than ever to maintain 
the Union, and a prompt and effective augmentation of the forces for that 
end exceeding what would otherwise have been possible. The heart of the 
country is sound. Its temper is now more favorable to the counsels of de- 
liberation and wisdom. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
William L. Dayton, Esq., &c., itc, &c. 



Mr. Dayton to Mr. Seward. 

No. 22.] Paris, July 30, 1861. 

Sir: On the 21st of this month I received a note from Mr. Adams, a copy 
of which, marked A, is hereunto annexed, apprising me that, under renewed 
instructions from the government at Wasliington, he had proposed to the 
British government, on the 11 th of this month, to negotiate on the basis of 
the project which had been transmitted to him soon after his arrival at 
London, touching the four points of the declaration of the convention at 
Paris in 1856, and inquiring whether I felt empowered and disposed to re- 
move the obstacle of delay by entering at once into an arrangement for 
simultaneous action with the Emperor of the French. Accompanying his 
note was the copy of a communication from Lord John Russell, dated July 
18, 1861, of which I send a copy, (though I doubt not Mr. Adams has antici- 
pated me in doing so.) Feeling the great importance of this matter, and 
mindful of your request that we should confer together when we could, I 
immediately went over to London. 

I found, by the date of your renewed instructions to Mr. Adams, that you 
did not intend the negotiation upon this question should be conducted at 
Washington, but that it should be done on this side; and further, that with 
a full knowledge of all the facts, the original purpose of acceding to the 
treaty of Paris of 1856 was adhered to. Under these circumstances, I felt 
it my duty to say to Mr. Adams that there need be no delay on my account. 



ANNUAL MESSAGE OF THE PEESIDENT. 237 

To facilitate matters, while I was yet in London T made to him, in writing, 
a communication to that effect, of which I send you a copy, marked B. 

Tou will observe that I ask Mr. Adams, in this communication, whether 
Great Britain has, at his instance, or otherwise, considered the Marcy amend- 
ment ? This was done after conference with him, and after he had told me 
what would be his answer. He said that after I had made the proposition 
here it was considered at London, and Lord John Russell, upon his (Mr. 
Adams) suggesting this amendment to the treaty there, said at once that 
the principle was inadmissible; that the British government would not assent 
to it. This answer I thought it most desirable we should have on record, 
and therefore made a suggestion in my note which Mr. Adams said he would 
adopt. Great Britain, so far as I know, never has, before this, distinctly 
placed herself on record against the adoption of that humane and noble 
principle as a provision of maritime law. 

I was much gratified that I had gone over to London. I felt a sense of 
relief in conferring with Mr. Adams upon questions of so much importance, 
and got knowledge of some facts of which I had no knowledge before. I 
was in England but two days, and then returned immediately to Paris. I 
missed, however, the mail by the steamer of last week, which I much regretted. 
With much respect, your obedient servant, 

WM. L. DAYTON. 

His Excellency Wm. H. Seward. 



Foreign Office, July 18, 186L 

Sir: Upon considering your proposition of Saturday last I have two re- 
marks to make: 

\. The course hitherto followed has been a simple notification of adherence 
to the declaration of Paris by those states which were not originally parties 
to it. 

2. The declaration of Paris was one embracing various powers, with a 
view to general concurrence upon questions of maritime law, and not an 
insulated engagement between two powers only. 

Her Majesty's government are willing to waive entirely any objection on 
the first of these heads, and to accept the form which the government of 
the United States prefers. 

With regard to the second, her Majesty's government arc of opinion that 
they should be assured that the United States are ready to enter into a 
similar engagement with France, and with other maritime powers, who are 
parties to the declaration of Paris, and do not propose to make singly and 
separately a convention with Great Britain only. 

But as much time might be required for separate communications between 
the government of the United States and all the maritime powers who were 
parties to or have acceded to the declaration of Paris, her Majesty's gov- 
ernment would deem themselves authorized to advise the Queen to conclude 
a convention on this subject with the President of the United States so soon 
as they shall have been informed that a similar convention has been agreed 
upon, and is ready for signature, between the President of the United States 
and the Emperor of the French, so that the two conventions might be 
signed simultaneously and on the same da^^ 

I have the honor to be, with the highest consideration, sir, your most 
obedient, humble servant, 

J. RUSSELL. 

Chakles Francis Adams, Esq., &c., &c., &c. 



238 ANNUAL MESSAGE OF THE PRESIDENT. 

B. 

London, July 25, 1861. 

Sir: Yours of the 19th instant, enclosing a copy of Lord John Russell's 
of the 18th instant, was duly received by me at Paris. My powers to nego- 
tiate with France an accession by the United States to the treaty of Paris 
of 1856 are of the same general character as your own. Under those 
powers and the instructions received by me from Washington I did propose 
such accession to the government of France, but with an addition to the 
first clause of the following words: "And the private property of subjects 
or citizens of one of the belligerents shall not be seized, upon the high seas, 
by tne vessels of war of the other belligerents, unless it may be contraband 
of war." To this proposition I received an answer from the French min- 
ister of foreign affairs, dated June 20, ISbl, the substance of which was 
that the French government declined to consider the proposition (inasmuch 
as it diflfered from the provisions of the treaty of Paris) unless it was 
addressed to all the powers who were parties to that convention. In the 
meantime I saw it stated in the public press of Europe that the British, 
French, Spanish, and Belgian governments had made a declaration of their 
intentions as respects their conduct towards the United States government 
and the insurgents of the south, and I was not certain whether our govern- 
ment would desire, under the circumstances, that the proposition to accede 
to the treaty in question, without the amendment, should be made. 

Your renewed instructions to proceed on the basis of that treaty are sub- 
sequent to and with a full knowledge by our government of the facts here- 
inbefore stated. 

Under these circumstances, therefore, I feel authorized and required to 
proceed without further delay. Before, however, I shall communicate further 
with the French government, I wish to know whether Great Britain has, at 
your instance, or otherwise, considered the amendment of the treaty here- 
inbefore referred to. Before abandoning the hope of obtaining the incor- 
poration, in our code of maritime law, of that great and humane principle, 
it seems to me desirable that we should have distinct assurance that the 
principle will not be admitted. I do not recollect that Great Britain has 
any time, heretofore, answered distinctly, if at all, upon that proposition, 
but seems rather to have avoided it. I think it desirable that that answer 
should be of record, (either in a note from or to you,) so that the respon- 
sibility may attach, through all time, where it properly belongs. 

Immediately upon the receipt of your answer I will enclose a copy of 
your notes, in connexion with tliat from Lord John Russell to the French 
government, and, as soon as heard from, advise you of its reply. 
Respectfully, your obedient servant, 



WM. L. DAYTON. 



His Excellency Chas. F. Adams, 



Mr. Dayton to Mr. Seward. 



[Extract.] 
No. 24.] Paris, August 2, 1861. 

Sir: Your despatch No. 27 was not received by me until after my return 
from London. 

By my note to Mr. Adams, written in London, and to be found in de- 



ANNUAL MESSAGE OF THE PKESIDENT. 239 

spatch No. 22, you will find your instructions were anticipated by my action; 
that immediately upon learning, from a reliable source, what were the views 
of the government in regard to an accession to the treaty of Paris, expressed 
with full knowledge of facts occurring since its original instructions to me, 
I at once took measures to comply with them, without attempting to balance 
the suggestions of my own mind against its known wishes. But I confess 
that in a matter of such grave importance as an accession by the United 
States to that treaty, I did want those wishes distinctly expressed with full 
knowledge of the facts. You will observe, by the copy of a communication 
to the minister of foreign affairs, (marked A,) and hereunto annexed, that 
I have already moved in the matter here. 

With much respect, I have the honor to be your obedient servant, 

WM. L. DAYTON. 
Hon. William H. Seward, 

Secretary of State. 



Paris, August 2, 1861. 

Sir: I had the honor to inform your excellency some time since that I was 
authorized, upon the part of the United States, to treat with any person or 
persons authorized by the Emperor concerning the principles of maritime 
law which aifect neutral and belligerent rights at sea, and other matters 
connected therewith, of interest to the two nations, and on the 31st of May 
last proposed to your excellency an accession by the United States to the 
treaty of Paris of 1856, with certain words of addition thereto. 

Under date of 26th of June last I received a reply from your excellency 
stating that the protocols of the congress of Paris impose upon all the 
powers who signed the declaration of the 16th of April the obligation not 
to negotiate, separately, upon the application of maritime rights in time of 
war, anj' arrangement which differed from the declaration resolved upon in 
common, and that, as a consequence, it would be necessary that my offer 
include the other powers signing the declaration before it would be con- 
sidered. 

At the time the foregoing offer was made I had some reason to believe 
that it might be accepted by all the powers who negotiated that treaty, but 
subsequent information (the nature of which I have explained to you) has 
satisfied me that this was an error. 

The government of the United States would have preferred the incorpora- 
tion in the treaty of the amendment before referred to; and when there 
shall be any hope for the adoption of that beneficent feature by the neces- 
sary parties as a principle of the law of nations, the United States will not 
only be ready to agree to it, but even to propose it, and to lead in the neces- 
sary negotiations. 

Under existing circumstances I am satisfied that I would not be justified 
in furtlier delaying negotiations for an accession by the United States to 
the treaty of Paris of 1856, in the vain hope that the amendment in ques- 
tion, if proposed to all the powers, would, at present, be accepted. I have 
the honor, therefore, to apprise your excellency that I am prepared, on the 
part of the government of the United States, and hereby propose to your 
excellency, to enter into a convention with the Emperor of the French for 



240 AJfNUAL MESSAGE OF THE PRESIDENT. 

accession by the United States to the "declaration concerning' maritime 
law" adopted by the plenipotentiaries of France, Great Britain, Austria, 
Prussia, Russia, Sardinia, and Turkey, at Paris, on the 16th of April, 1856, 
and that I have special authority for this purpose from the President of the 
United States, dated 26th of April last, which I shall be happy to submit to 
your excellency. I beg' likewise, in this connexion, to say to your excellency 
tliat a like proposition has been made by Mr. Adams to her Britannic 
Majesty, and herewith I deem it proper to enclose you a copy of the replj'' 
of Lord John Russell. 

With much respect, I have the honor to be your verv obedient servant, 

WM. L. DAYTON. 

Monsieur le Ministre. 



3l7\ Seicard to Mr. Dayton. 
[Confidential ] 



No. 41.] Department of State, 

Washington, August 17, 1861. 
Sir : I send you a copy of a despatch, which is this day sent to Mr Adams, 
concerning the negotiations with Great Britain for the melioration of inter- 
national law relating to the rights of neutrals in maritime war. 

You will, of course, wait in your negotiations, at Paris, until the result of 
the explanations, which Mr. Adams is instructed to ask, shall have been 
received and duly considered. There is reason, however, to expect that 
the delay which thus becomes necessary will be moved for by Mr. Thouvenel 
himself when he shall have become advised of the new and singular position 
assumed by Lord John Russell. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Wm. L. Daytox, Esq., &c., &c., &c. 



Mr. Seward to Mr. Dayton. 
[Extract ] 



No. 42.] Department of State, 

Washington, August It, 1861. 

You will learn from a distinct despatch, No. 41, which accompanies or which 
will soon follow this, that our negotiation in England has taken a new phase, 
which, of course, will soon present itself in discussion with the French 
government. 

Treason was emboldened by its partial success at Manassas, but the 
Union now grows manifestly stronger every day. Let us see how Great 
Britain will explain. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esq., (&c., &c., &c. 



ANNUAL MESSAGE OF THE PEESIDENT. 241 



Mr. Seivard to Mr. Daijton. 

No. 46.] Department of State, 

Washington, August 19, 1861. 

Sir : Your despatch No. 22, iinder the date of July 30, has been received. 

It relates to an interview, and is accompanied by a correspondence between 
yourself and Mr. Adams. 

Your proceedings and your letter are deemed judicious, and are fully 
approved. 

In communications which have preceded this I have already said all that 
the despatch now before me seems to require. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esq., &c., &c., &c. 



Mr. Laytoyi to Mr. Seward. 
[Extracts.] 



No. 29.] Paris, August 19, 1861. 

Sir: I have the honor to acknowledge the receipt of despatches Nos. 29, 
30, and 31. 



Your despatch No. 30 includes copies of despatches 42 and 46 to Mr. Adams. 
These are of great interest, as they affect the question of our blockade of 
the southern ports. I never think it wise to volunteer a subject out of which 
complaints may arise before they ai'e brought to my notice by the party 
likely to complain; but should occasion arise, I shall avail myself fully of 
the views suggested by you as to the purpose and object of the late act of 
Congress authorizing the President to close the ports by proclamation. But 
I very much fear that difficulties will grow up between us and Great Britain 
and France upon this question. Unless the ports are hermetically sealed by 
blockade, not by proclamation — if these countries get short of cotton, and 
we are not ourselves in possession of the interior — excuses enough will be 
made for breaking the blockade. The tone of the public press here indicates 
this; the private conversation of public men indicate it. 

With much respect, your obedient servant, 

WILLIAM L. DAYTON. 
William H. Seward, Esq., d;c., &c., &c. 



Mr. Dayton to Mr. Seward. . 

No. 31.] Paris, August 19, 1861. 

Sir: On Thursday of last week I was informed by Lord Cowley that Mr. 
Adams and Lord John Russell had agreed upon the text of a convention in 
respect to maritime rights, &c. On the following day a copy of this con- 
vention was sent to me by Lord Cowley. I find it substantially, if not 

Ex. Doc. 1 16 



242 ANNUAL MESSAGE OF THE PRESIDENT. 

literally, the same as that which you enclosed to me, and directed me to ex- 
ecute. I am to see Mr. Thouvenel upon the subject by appointment to-mor- 
row. Unless something shall occur, altering the existing condition of things, 
this convention will doubtless be executed at an early day. Your despatch 
No. 30 says, " the President is not impatient about the negotiations conceru- 
ing neutral rights," but your prior despatches and the action of Mr. Adams 
have put any considerable delay out of my power. Besides, if the treaty is 
to be executed, whether it be done a few days or weeks earlier or later is, 
perhaps, not very important. I have felt much relieved in this negotiation 
by the specific character of my instructions. 

With great respect, I have the honor to be your obedient servant, 

WILLIAM L. DAYTON. 

The Hon. William H. Seward, d:c., &c., &g. 



Mr. Dayton to Mr. Seward. 



No. 35.] Paris, August 22, 1861. 

Sir: My anticipations expressed in despatch No. 10 are fully realized. 
Both Lord John Russell and Mr. Thouvenel refuse to negotiate for an acces- 
sion by the United States to the treaty of Paris of lSb6, except on the 
distinct understanding that it is to have no bearing, directly or indirectly, on 
the question of our southern or domestic difficulty, and to render the matter 
certain they each propose to make a Avritten declaration simultaneous with 
the execution of the convention, of which I herewith send you a copy and a 
translation. 1 likewise send you a copy of Mr. Thouvenei's note to me with 
its translation. 

I had an interview on Tuesday, the 20th instant, with Mr. Thouvenel by 
appointment in reference to the subject-matter of the convention, and then 
he gave me the first notice of the purpose of the French government to 
execute this outside declaration, predicated as it was, beyond all doubt, upon 
a note he had just received from Lord John Russell, dated only the day 
preceding. He said that both France and Great Britain had already 
announced that they would take no part in our domestic controversy, and 
they thought that a frank and open declaration in advaiice of the execution 
of this convention might save difficulty and misconception hereafter. He 
further said, in the way of specification, that the provisions of the treaty 
standing alone might bind England and France to pursue and punish the 
privateers of the south as pirates. That they were unwilling to do this, 
and had already so declared. He said that we could deal with these people 
as we chose, and they could only express their regrets on the score of 
humanity if we should deal with them as pirates, but they could not partici- 
pate in such a course. He said, further, that although both England and 
France were anxious to have the adhesion of the United States to the dec- 
laration of Paris, that they would rather dispense with it altogether than be 
drawn into our domestic controversy. He insisted somewhat pointedly that 
I could take no just exception to this outside declaration, simultaneous with 
the execution of the convention, unless we intended they should be made 
parties to our controversy; and that the very fact of my hesitation was an 
additional reason why they should insist upon making such contemporaneous 
declaration. These are the general views expressed by him. 

In answer, I assented at once to the propriety of such declaration being 
made in advance if France and England did not mean to abide by the terms of 



ANNUAL MESSAGE OF THE PRESIDENT. 243 

the treaty. I stated that I had no reason to suppose that the United States 
desired to embroil these countries in our domestic difficulties— that in point 
of fact our great desire had been that they should keep out of them; but 
they proposed now to make a declaration to accompany the execution of 
the convention which they admitted would vary its obligations. That my 
instructions were to neg'otiate that convention, and that I had no authority 
to do anything or listen to anything which would waive any rights or relieve 
from any obligation which might fairly arise from a just construction of its 
terms. He said they did not mean to alter its terms, that it was not like 
an addition of other provisions to the terms of the treaty itself. To this I 
replied, that for the purpose intended, it was precisely the same as if this 
declaration they proposed to make were to be incorporated into the treaty 
itself. That its effect was to relieve them (without complaint on our part) 
from compliance with one of the admitted obligations of the treaty. I then 
told him I would consult with Mr. Adams, and it was not improbable that 
we might feel ourselves under the necessity of referring agf in to our govern- 
ment, to which he answered that that must be a question for us to determine. 
In the course of our conversation I told him that any declaration or action 
which looked to or recognized a difference or distinction between the north 
and south was a matter upon which our government was, under the circum- 
stances, peculiarly sensitive. That we treated with foreign governments 
for our whole country, north and south, and for all its citizens, whether true 
men or rebels, and when we could not so treat, we would cease to treat at 
all. He answered that they did not mean to contest our right to treat for 
the whole country, and that was not the purpose of the outside declaration 
they proposed to make; but having heretofore adopted a course of strict 
neutrality, the declaration in question was right and proper to prevent mis- 
conception and controversy in the future. 

After my conference with Mr. Thouvenel closed, I immediately wrote to 
Mr. Adams, and suggested to him the propriety of either referring again to 
our government for instructions, or, if he thought that such reference would 
involve any unnecessary delay, then, at least, that at the time of executing 
the convention (if it were executed) we should in like manner make a counter 
declaration in writing, stating, in substance, that " we have no power to 
admit, and do not mean to admit, that this outside declaration by Great 
Britain and France is to relieve them, directly or indirectly, from any obli- 
gation or duty which would otherwise devolve upon them in virtue of said 
convention." 

I have felt constrained to make these suggestions to Mr. Adams, for I am 
unwilling to act affirmatively in a matter of so much importance without 
being clearly within my instructions. I shall await his answer before I 
communicate further with the French government. 
With much respect, your obedient servant, 

WM. L. DAYTON. 

His Excellency William H. Seward, 

Secretary of State, &c., &c. 



[Translation.] 

Paris, August 20, 1861. 
Sir: I have the honor to communicate to you the text of the written 
declaration that I propose to myself to make, and of which I will take care 
to remit to you a copy, at the moment of the signing of the convention 



244 ANNUAL MESSAGE OF THE PEESIDENT. 

designed to render obligatory between France and the United States the 
principles upon maritime rights proclaimed by the congress of Paris. This 
declaration has for its object, as you will see, to prevent all misunderstanding- 
upon the nature of the engagements which the government of the Emperor 
is disposed to contract. 

If you were ready to sign the convention contemplated, we might be able 
to agree to make it the same day when Lord Russell should proceed from 
his side to the signing of a similar act with Mr. Adams. 

Accept the assurances of the high consideration with which I have the 
honor to be, sir, jouv verv humble and very obedient servant, 

THOUVENEL. 

Mr. Dayton, 

Minister of the United States at Paris. 



[Translation.] 

Draft of declaration. 

In affixing his signature to the convention concluded in date of this day 
between France and the United States, the undersigned declares, in execu- 
tion of the orders of the Emperor, that the government of his Majesty does 
not intend to undertake, by the said convention, any engagement of a nature 
to implicate it, directly or indirectly, in the internal conflict now existing in 
.the United States. 



3Ir. Dayton to 3Ir. Seivard. 

ICo. 3*1.] Paris, August 29, 1861. 

Sir: Herewith I beg to enclose a copy of a communication made by me to 
^Mr. Thouveuel, in answer to his formal notice of a purpose on the part of 
the French government to make an outside declaration of its intentions at 
the time of the execution of the treaty, copies of which were enclosed in 
■despatch No. 35. 

It is in part the same matter suggested to him by me in the conference in 
which he hrst notified me of his purpose. His written communication sub- 
sequent to that conference required a like formal reply. I am happy to learn 
from a communication received from Mr. Adams that he concurs with me in 
the propriety of stopping the negotiation where it is, and referring the matter 
to the government at home. I should have been most reluctant, under the 
circumstances, to execute this convention, had Mr. Adams insisted upon it, 
making only a counter declaration, such as was referred to in despatch No. 
35; but I was very desirous, after what had passed, not to be considered an 
obstacle in the way of carrying out the wishes of the administration. I 
•doubt now, however, if England and France would themselves have assented 
^0 proceed with the execution of the convention in the face of such declaration. 

With much respect, I have the honor to be your obedient servant, 

WM. L. DAYTON. 

His Excellency William H. Seward, 

Secretary of State, &c., &c. 



ANNUAL MESSAGE OF THE PRESIDENT. • 245 



3Ir. Dayton to Mr. Thouvenel. 

Legation of the United States, 

Paris, August 26, 1861. 

Monsieur le ^Iinistre : I have the honor to acknowledge the receipt of 
your communication of the 20th instant, in which (carrying out the purpose 
expressed by you in our prior conversation of" that day) you communicate 
to me the text of a written declaration which you propose to make simulta- 
neous with tlie execution of the convention between the United States and 
France, in reference to the principles upon maritime rights proclaimed by 
the Congress of Paris in 1856. You further suggest in your note that if I 
were ready to sign the convention contemplated, we might be able to agree 
to do so the same day when Lord Russell should proceed, on his side, to the 
signing of a like convention with Mr. Adams- 

The declaration which you propose to make in writing, simultaneous with 
the execution of the convention, has for its object, you say, " to prevent all 
misunderstanding as to the nature of the engagements which the govern- 
ment of the Emperor is disposed to contract," and this declaration is, that 
" in the execution of the orders of the Emperor the government of his 
Majesty does not intend to undertake, by said convention, any engagements 
of a nature to implicate it directly or indirectly in the internal conflict now 
existing in the United States." 

My impressions, hastily thrown out when this proposition was verbally 
suggested, have been strengthened bj'" subsequent reflection. I do not stop 
to inquire how such outside declaration as you propose may affect the rights 
or obligations of parties under the treaty. Lideed, it is so general that it 
may not be possible to anticipate its entire scope or operation. It gives us 
notice that the engagements of your government are not to be " of a nature 
to implicate it directl}'' or indirectly in the internal conflict," &c. It may be 
that the conduct of the government of France, under this declaration, would 
practically extend no further than would be agreeable to the United States; 
yet I cannot act upon such assumption. M}^ instructions are to negotiate a 
particular convention, the text of which has been examined and approv^ed, 
as I understand, by your excellency. If the declaration which you propose 
to make does not alter the obligations or duties which would otherwise 
devolve upon France, in virtue of that convention, it is useless to make it. 
If it does alter such obligations or duties, then I am not authorized to 
execute the convention subject to such declaration. This, indeed, so far as 
my action at present is concerned, is the whole case. But the subject justi- 
fies, and perhaps requires some other remarks. You stated that you thought 
it more frank and loyal to make j'^our declaration in advance, and in this I 
entirely concurred. If the treatj'' without such declaration would impose 
any duty upon France which she would be unwilling to perform, it was 
manifestly proper that she should declare her purpose in advance. It was 
proper, not only for the purpose of preventing misunderstanding as to the 
nature of her intended engagements, but for the other piu-poses of leaving 
to the United States the option of determining, with full knowledge, whether 
she would or would not enter into the treatj'^ subject to such declaration. 
The declaration, it is true, is not strictly a part of the treaty, yet, for the 
purpose intended, its effect and operation would be the same as if it were 
incorporated into the treaty itself. It will prevent misunderstandings as to 
the nature of the engagements, or, in other words, it will prevent one party 
complaining of a non-performance of supposed engagements by the other 
under the treaty, just as effectively as if it were a condition added to the 
treaty itself. But for the interposition of this declaration I should have 



246 ANNUAL MESSAGE OF THE PEESIDENT. 

assented to the execution of the treaty at once; as it is, I have no power to 
do so. 

From this it must not be inferred that there is now, or at any time has 
been, the slightest wish upon the part of the United States to involve France 
or any other foreign government in its domestic controversy. The wish, 
nay, stronger than this, the right to be let alone by other nations, has been 
claimed at all times, so far as I know, by our government and its repre- 
sentatives abroad. They have never failed to deprecate, in the most earnest 
manner, all interference in this question upon the part of foreign powers. 
Yet the declaration which it is now proposed to make would seem to imply 
that such interference might be claimed by us at the hands of those powers 
with whom such treaty might be made. I submit, witli great respect, that 
there is nothing in the present position of the United States, or in the past 
history of this negotiation, which would justify such an inference. When 
the present administration at Washington came into power it almost 
immediately gave orders to its representatives abroad to open negotiations 
upon this general subject; not, it is to be assumed, for any small purpose 
or object growing out of what they then believed to be a mere temporary 
insurrection, but with a view to the settlement, so far as their assent could 
settle the same, of certain great principles of maritime law. 

The second and third of those principles, enunciated in the declaration of 
Paris, has been already proposed and urged upon the attention of other 
nations by the United States. 

The fourth of those principles, which requires that blockades to be respected 
shall be efiective, had never been denied (at least by tlie United States) as 
a principle of international or maritime law. It was the first onlj^ of the 
points enunciated in that celebrated declaration about which hesitation 
existed. 

The abandonment of the right, by belligerents, to issue letters of marque 
and reprisal, under proper restraints, was a serious matter to a country 
having the extended commerce and limited navy of the United States; yet 
such abandonment by all nations would, we well knew, tend much to lessen 
the afflictions incident to war; and so, too, the exemption of property of non- 
combatants at sea, (except contraband,) as it is on laud, would, in a still 
greater degree, tend to the same end. 

Hence the disposition manifested on the part of the United States, on 
every proper occasion, to connect in its negotiations the two; to make the 
concession of the one the equivalent, if possible, of the concession of the 
other. This was the condition of things when the present administration at 
Washington came into power. Not trammelled by certain considerations 
which had affected some of their predecessors, they immediately took up the 
negotiation where it had been left by a prior administration. Ascertaining 
definitely that the exemption of private property afloat (except contraband) 
would not be conceded by all the powers, they assented at once to the execu- 
tion of a convention, adopting the four principles of the declaration of Paris 
as they are, without addition and without limitation. 

Then, for the first time, we were informed that the government of his 
Majesty the Emperor (in connexion with that of her Britannic Majesty) 
would only execute such convention subject to a certain condition, which it 
declares for itself, and of the extent and operation of which it is itself to 
judge. 

I cannot, of course, anticipate with certainty what view the government 
of the United States may take of this question, but I can scarcely suppose 
it will assent to the execution of a convention adopting the declaration of 
Paris, except upon terms of entire reciprocity, and subject to no other con- 
dition than those existing by and between the original parties; nor do I believe 



ANNUAL MESSAGE OF THE PRESIDENT. 247 

that it will, in its negotiations with foreign governments, at all assent to 
exceptions and reservations, verbal or written, predicated upon the existing 
state of things in that country. It will, I apprehend, exact no more and be 
content with no less than it would have been entitled to had the convention 
been executed in advance of its present internal controversy. If, therefore, 
the government of France shall consider that an unconditional execution of 
that convention will demand of it interference in our affairs, or will implicate 
it in any shape in the civil war now raging in our country, then it is obvious 
this is not a proper time for her or for us to enter into such agreements. 

But these suggestions are made, of course, subject to correction from the 
government at Washington. To it I shall at once refer the communication 
of your excellency, together with a copy of the declaration which you have 
done me the honor to submit upon the part of the French government. 

I avail myself of the opportunity to renew to your excellency assurances 
of the high consideration with which I have the honor to b(^, sir, your very 
humble and obedient servant, 

WILLIAM L. DAYTON. 

Monsieur Thouvenel, 

Minidre des Affaires Etrangeres. 



Mr. Seward to Mr. Dayton. 

No. 53.] Departmext of State, 

Washington, September 5, 1861. 

Sir: Your despatch of August 19, No. 31, has been received. 

Before this shall reach you, my instruction, No. 41, will have come to your 
hands. In that paper you were informed that you would be expected to rest 
in your negotiation concerning maritime rights until after we should have 
received some explanations from Lord Russell on a point raised in the nego- 
tiation at London. 

Those explanations have not yet been I'eceived here. 

I am, sir, respectfully^ vour obedient servant, 

WILLIAM H. SEWARD. 

William L. Daytox, Esq., &c., &c., &c. 



Mr. Dayton to Mr. Seimrd. 

No. 44.] Paris, September 7, 1861. 

Sir: Your despatches, 41, 42, and 43, are duly received through Captain 
Scliulz. 

Your action, indicated in 41 and 42, has been anticipated by me. In a 
letter from Mr. Adams, dated London, August 1, 1861, he encloses me a copy 
of Lord John Russell's note of July 31, 1861, and in reference to the vague 
paragraph to which your despatches refer he says: "I do not quite com- 
prehend the drift of the last paragraph, but I presume you will find it out 
in the progress of your negotiation." This I immediately answered by a 
letter, of which I herewith send you a copy. 

Their subsequent offer to make a written outside declaration cotemporane- 
ous with the execution of the treaty was a degree of frankness which I did 



248 ANNUAL MESSAGE OF THE PKESIDENT. 

not anticipate, and for which I had not given them credit. I shall wait with 
great pleasure, according to your instructions, " the result of the explanations 
which Mr. Adams is instructed to ask," but I expect that both he and I have 
already received all necessary explanations on that point. My conversations, 
at least with Mr. Thouvenel, have covered the whole ground, as stated to 
you in despatch No. 35. I add that I communicated immediately' to Mr. 
Adams the substance of that conversation with Mr. Thouvenel. 

The exequatur of James Lesley, appointed consul of the United States to 
Lyons, was applied for immediately on the receipt of his commission. 

With much respect, I have the honor to be, your obedient servant, 

WILLIAM L. DAYTON. 

His Excellency William H. Seward, 

Secretary of State, &c. 



Paris, August 5, 1861. 

Sir : I acknowledge with pleasure the receipt of yours of the 1st instant, 
enclosing a copy of your note to Lord John Russel and his reply. I feel 
that we have done a good thing in getting the reply of the British govern- 
ment (declaring the amendment to the treaty of Paris inadmissible) in writ- 
ing. At least, we can proceed now, under our instructions, with a conscious- 
ness that we not only have not neglected this point, but that we have the 
evidence of having pressed it affirmatively. You say you do not compre- 
hend the drift of the last paragraph in Lord John's reply. I think I do, at 
least, in part, and I shall not be surprised if the meaning, which he has pur- 
posely wrapped up in that general language, should in the end break oif all 
negotiation. He may not refer to this language again, but unless you ask 
its meaning before the treaty is negotiated, it will be used by them after- 
wards as an excuse for not carrying it in effect as respects the insurrec- 
tionists of the south. The paragraph states, "the engagement of Great 
Britain will be prospective, and will not invalidate anything alread}^ done." 
The comment after the treaty, predicated upon this language, will be: "We 
had declared before the treaty that the southern insurrectionists were a bel- 
ligerent party, and entitled to belligerent rights, (among which is the right 
to issue letters of marque,) and the treaty was to be prospective only, and 
not to invalidate anything already done. That, in other words, it does not 
bind your disloyal citizens, recognized by us as a belligerent party." I long 
ago wrote Mr. Seward that these powers would, in my judgment, either 
refuse to negotiate, or, if they did negotiate, it would be with the under- 
standing that it secured us no rights not already conceded, and charged 
them with no duties not heretofore acknowledged. It is advisable that we 
raise no question in advance in reference to this matter, but it is necessary 
that we know what they mean as we go along. 
With much respect, I am yours truly, 

WM. L. DAYTON. 

His Excellency Chas. F. Adams, 

United States Minister. 



ANNUAL MESSAGE OF THE PKESIDENT. 249 



3Ir. Seward to Mr. Dayton. 

No. 56.] Department of State, 

Washington, September 10, 1861. 

Sir: Your despatch of August 22, No. 35, has been received. I learn 
from it that Mr, Thouvenel is unwilling to npgotiate for an accession by the 
United States to the declaration of tlie congress of Paris concerning the 
rights of neutrals in maritime war, except "on a distinct understanding that 
it is to have no bearing, directly or indirectly, on the question of the domestic 
difficulty now existing in nur country," and that to render the matter certain 
Mr. Thouvenel proposes to make a written declaration simultaneously with 
bis execution of the projected convention for that accession. 

You have sent me a copy of a note to this effect, addressed to you by Mr. 
Thouvenel, and have also represented to me an official conversation which he 
Las held with you upon the same subject. The declaration w^hich Mr. Thou- 
venel thus proposes to make is in these words: 

" DRAFT OF DECLARATION. 

" In affixing his signature to the convention concluded on date of this day 
between France and the United States, the undersigned declares, in execu- 
tion of the orders of the Emperor, that the government of his Majesty does 
not intend to undertake by the said convention any engagements of a nature 
to implicate it, directly or indirectly, in the internal conflict now existing in 
the United States." 

My despatch of the Hth day of August last, No. 41, which you must have 
received some time ago, will already have prepared you to expect m}' ap- 
proval of the decision to wait for specific instructions in this new emergency 
at which you have arrived. 

The obscurity of the text of the declaration which Mr. Thouvenel submits 
to us is sufficiently relieved by his verbal explanations. According to your 
renort of the conversation, before referred to, he said that both France and 
Great Britain had already announced that they would take no part in our 
domestic controversy, and they thought that a frank and open declaration 
in advance of the execution of the projected convention might save difficulty 
and misconception hereafter. He further said, in the way of specification, 
that the provisions of the convention standing alone might bind England 
and France to pursue and punish the privateers of the south as pirates; that 
they are unwilling to do this and had so declared. He said, also, that we 
could deJil with these people as we choose, and they (England and France) 
could only express their. regrets on the score of humanity if we should deal 
with them as pirates, but that they could not participate in such a course. 
He added, that although both England and France are anxious to have the 
adhesion of the United States to the declaration of Paris, yet that they 
would rather dispense with it altogether than be drawn into our domestic 
controversy. He insisted somewhat pointedly that we could take no just 
exception to this outside declaration, to be made simultaneousl}' with the 
execution of the convention, unless we intended that they (England and 
France) shall be made parties to our controversy, and that the very fact of 
your hesitation was an additional reason why they should insist upon making 
such contemporaneous declaration as they proposed. 

These remarks of Mr. Thouvenel are certainly distinguished by entire 
frankness. It shall be my effort to reply to them with moderation and 
candor. 



250 ANNUAL MESSAGE OF THE PRESIDENT. 

In 1856, France, Great Britain, Russia, Prussia, Sardinia and Turkey' 
being- assembled in congress at Paris, with a view to modify the law of 
nations so as to meliorate the evils of maritime war, adopted and set forth 
a declaration, which is in the following words: 

1st. Privateering- is and remains abolished. 

2d. The neutral flag- covers enemy's goods, with the exception of contra- 
band of war. 

3d. Neutral goods, with the exception of contraband of war, are not 
liable to capture under enemy's flag. 

4th. Blockades, in order to be binding, must be effective — that is to say, 
maintained by forces sufiicient really to prevent access to the coast of the 
enemy. 

The States which constituted the congress mutually agreed to submit 
the declaration to all other nations and invite them to accede to it. It was 
to be submitted as no special or narrow treaty between particular States 
for limited periods or special purposes of advantage, or under peculiar 
circumstances; but, on the contrary, its several articles were, by voluntary 
acceptance of "maritime powers, to constitute a new chapter in the law of 
nations, and each one of the articles was to be universal and eternal in its 
application and obligation. France especially invited the United States to 
accede to these articles. An invitation was equally tendered to all other 
civilized nations, and the articles have been alreadj' adopted by forty-one of 
the powers thus invited. The United States hesitated, but only for the pur- 
pose of making an effort to induce the other parties to enlarge the beneficent 
scope of the declaration Having failed in that effort, they now, after a 
delay not unusual in such great international discussions, ofter their adhe- 
sion to that declaration; pure and simple, in the form, words and manner in 
which it was originally adopted and accepted by all of the forty-six nations 
which have become parties to it. France declines to receive that adhesion 
unless she be allowed to make a special declaration, which would constitute 
an additional and qualifying article, limiting the obligations of France to the 
United States to a narrower range than the obligations which the United 
States must assume towards France and towards every other one of the 
forty-six sovereigns who are parties to it, and narrower than the mutual 
obligations of all those parties, including France herself. 

If we should accede to that condition, it manifest!}^ would not be the 
declaration of the congress of Paris to which we would be adhering, but a 
different and special and peculiar treaty between France and the United 
States only. Even as such a treaty it would be unequal. Assuming that 
Mr. Thouvenel's reasoning is correct, we should in that case be contracting 
an obligation, directly or indirectly, to implicate ourselves in an^ internal 
conflict that may now be existing or that may hereafter occur m France, 
while she would be distinctly excused by us from any similar duty towards 
the United States. 

I know that France is a friend, and means to be just and equal towards 
the United States. I must assume, therefore, that she means not to make 
an exceptional arrangement with us, but to carry out the same arrangement 
in her interpretation of the obligations of the declaration of the congress of 
Paris in regard to other powers. Thus carried out, the declaration of Paris 
would be expounded so as to exclude all internal conflicts in States from the 
application of the articles of that celebrated declaration. Most of the wars of 
modern times — perhaps of all times — have been insurrectionary wars, or "inter- 
nal conflicts." If the position now assumed by France should thus be taken 
by all the other parties to the declaration, then it would follow that the first 
article of that instrument, instead of being,- in fact, an universal and effect- 
ual inhibition of the practice of privateering, would abrogate it only in wars 



ANNUAL MESSAGE OF THE PRESIDENT. 251 

between foreign nations, while it would enjoy universal toleration in civil 
and social wars. With great deference, I cannot but think that, thus modi- 
fied, the declaration of the congress of Paris would lose much of the rever- 
ence which it has hitherto received from Christian nations. If it were 
proper for me to pursue the argument further, I might add that sedition, 
insurrection and treason would find in such a new reading of the declaration 
of Paris encouragement which would tend to render the most stable and 
even the most beneficent sj'stems of government insecure. Nor do I know 
on what grounds it can be contended that practices more destructrve to 
property and life ought to be tolerated in civil or fratricidal wars than are 
allowed in wars between independent nations. 

I cannot, indeed, admit that the engagement which France is required to 
make without the qualifying declaration in question would, directly or in- 
directly, implicate her in our internal conflicts. But if such should be its 
efiect, I must, in the first place, disclaim any desire for such an intervention 
on the part of the United States. The whole of this long correspondence 
has had for one of its objects the purpose of averting any such interven- 
tion. If, however, such an intervention would be the result of the unquali- 
fied execution of the convention by France, then the fault clearly must be 
inherent in the declaration of the congress of Paris itself, and it is not a 
result of anything that the United States have done or proposed. 

Two motives induced them to tender their adhesion to that declaration — 
first, a sincere desire to co-operate with other progressive nations in the 
melioration of the rigors of maritime war; second, a desire to relieve France 
from any apprehension of danger to the lives or property of her people from 
violence to occur in the course of the civil conflict in which we are engaged, 
by giving her, unasked, all the guarantees in that respect which are con- 
tained in the declaration of the congress of Paris. The latter of these two 
motives is now put to rest, insomuch as France declines the guarantees we 
offer. ||Doubtlessly, she is satisfied that they are unnecessary. We have 
always practiced on the principles of the declaration. We did so long be- 
fore they were adopted by the congress of Paris, so far as the rights of 
neutrals or friendly States are concerned. While our relations with France 
remain as they now are we shall continue the same practice none the less 
faithfully than if bound to do so by a solemn convention. 

The other and higher motive will remain unsatisfied, and it will lose none 
of its force. We shall be ready to accede to the declaration of Paris with 
every power that will agree to adopt its principles for the government of 
its relations to us, and which shall be content to accept our adhesion on the 
same basis upon which all the other parties to it have acceded. 

AVe know that France has a high and generous ambition. We shall wait 
for her to accept hereafter that co-operation on our part in a great reform 
which she now declines. We shall not doubt that when the present embar- 
rassment which causes her to decline this co-operation shall have been re- 
moved, as it soon will be, she will then agree with us to go still further, 
and abolish the confiscation of property of non-belligerent citizens and sub- 
jects in maritime war. 

You will inform Mr. Thouvenel that the proposed declaration on the part 
of the Emperor is deemed inadmissible by the President of the United 
States; and if it shall be still insisted upon, you will then inform him that 
you are instructed for the present to desist from further negotiation on the 
subject involved. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Wm. L. Dayton, Esq., c6c., dc, &c. 



252 ANNUAL MESSAGE OF THE PKESIDENT. 

Mr. Dayton to Mr. Seicard. 
[Extract.] 

Paris, September 10, 1861. 
gjjj. ******** 

I herewith enclose to you a copy and translation of a communication 
recently received by me from Mr. Thouvenel on the subject of the execution 
of the convention as to maritime rights. It contains nothing- that I have 
not referred to before, but it is evident he wanted to put the specific grounds 
of exception to an unconditional exception of the ti'eaty on record. 



With much respect, your obedient servant, 

His Excellency William II. Seward, 

Secretary of State, &c., &c., &c. 



WILLIAM L. DAYTON. 



Mr. Thouvenel to Mr. Dayfon. 
[Translation ] 



Paris, September 9, 1861. 

Sir: I have received the letter which you did me the honor to write me, 
the 26th of the month of August, in order to explain to "me the reasons 
which induced you to await further instructions from your government 
before proceeding to the signing of the convention relative to maritime 
rights. 

In this state of affairs, I could but await the arrival of the instructions 
which you have requested, and, consequently, I do not wish to enter into the 
discussion of the motives wliich have prevented you from signing the con- 
templated convention, and which jo\x were pleased to bring to my knowl- 
edge. I desire, however, to set forth clearly, by some further explanations, 
what is the train of thought followed by the government of the Emperor, in 
judging, like the government of her Britannic Majesty, that it is expedient 
to accompany the proposed treaty with a special declaration. 

If the United States, before the actual crisis, had adhered to the declara- 
tion of the congress of Paris, as this adhesion would have bound the whole 
confederation from that moment, the cabinet of Washington might, at the 
present time, have availed itself of it to contest the right of the southern 
States to arm privateers. Now, if this supposition be correct, (fondee,) 
one could not be astonished that the government of Mr. President Lincoln, 
according to the principles which it has set forth in its manner of viewing 
the present conflict, should wish to consider the contemplated convention 
as much obligatory upon seceded States, in the present circumstances, as if 
it had preceded the hostilities. But if this opinion be quite explicable on 
the part of the cabinet of Washington in the situation in which events have 
placed it, it could not be thus with governments whicli have proposed to 
themselves to preserve the strictest neutrality in a struggle, the gravity of 
which it has no longer been possible for them to disregard. In accepting, 
then, a proposition presented (formulee) by the federal government, when 
the war had already unhappily broken out between the northern and south- 
ern States of the Union, it was natural that the government of the Emperor, 



ANNUAL MESSAGE OF THE PRESIDENT. 253 

having decided not to turn itself aside from the attitude of reserve which it 
had imposed upon itself, should consider beforehand what extension the cabi- 
net of Washington might be induced, on account of its position, to give to an 
arrangement, by whidi it declared that the United States renounced priva- 
teering. The hostilities, in which the federal government is actually en- 
gaged, offering to it the opportunity of putting immediately into practice 
the abandonment of this mode of warfare; and its intention, officially an- 
nounced, being to treat the privateers of the south as pirates, it was mani- 
festly of importance to caution the cabinet of Washington against the con- 
viction, where it might exist, that the contemplated treaty obliged us thus to 
consider the privateers of the south as pirates. I will not dwell upon the 
matter (n' insisterai pas) in order to show how much we would deviate 
from the neutrality we have declared ourselves desirous of observing to- 
wards the two factions of the Union, if, after having announced that they 
would constitute for us two ordinary belligerents, we should contest the 
primitive rights of a belligerent to one of them, because the other should 
consent voluntarily to the abandonment of it in a treaty concluded with us. 
There is no need to point out, further, how we would forcibly break through 
our neutrality as soon as we should be constrained, in virtue of the contem- 
plated convention, to treat as pirates the privateers which the south will 
persist in arming. The cabinet of Washington might, then, I repeat, be led, 
by the particular point of view in which it is placed, to draw from the act 
which Ave are ready to conclude such consequences as we should now abso- 
lutely reject. It has seemed to us that it is equally important to the two 
governments to anticipate (prevenir a I'avance) all ditference of interpreta- 
tion as regards the application to the actual circumstances of the princi- 
ples which were to become common to them both. Otherwise, it would 
have been to be feared, if the same explanations had had to be exchanged 
later, that there would have been attributed to them a character altogether 
different from that which they really possess. We would regret, too, sin- 
cerely that the least misunderstanding should be produced in our relations 
with the United States, not to be anxious, from this moment henceforth, to 
enlighten them upon a reserve, which, being officially stated to the cabinet 
of Washington before the signing of the convention, maintains strictly one 
line of neutrality, without taking away from the value of the agreement, 
which, in this case, we will be happy to establish with the United States. 

Accept the assurances of the high consideration with which I have the 
honor to be, sir, your very humble and very obedient servant, 

THOUVENEL. 

Mr. Dayton, 

Minister of the United States at Paris. 



Mr. Seward to Mr. Dayton. 



No. 59.] Department of State, 

Washington, September 23, 1861. 
Sir: Your despatch of the 29th of August (No. 37) was duly received. 
The proceedings it relates had, however, been anticipated, and it only 
remains to be said in regard to them, that your conduct therein is fully 
approved 

I am, sir, respectfully, your obedient servant, 

W^ILLIAM H. SEWAED. 
William L. Dayton, Esq., &c., (&c., &c. 



254 ANNUAL MESSAGE OF THE PEESIDENT. 

Mr. Seward to Mr. Dayton. 

No. 66.] Department of State, 

Washington, October 10, 1861. 

Sir : Some unaccounted for obstruction of the mails has caused a delay in 
the receipt of your despatch of the 1th of September (No. 44) until this time. 
As I expected, you very properly anticipated my instructions on the sub- 
ject of the conditional execution of the treaty proposed by Mr. Thouvenel, 
and your proceedings in that respect are entirely approved. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
William L. Dayton, Esq., &c., &c., &c. 



Mr. Dayton to Mr. Seward. 

No. 59.] Paris, October 14, 1861. 

Sir : After a careful examination of your despatch (No. 36) in reference to 
an accession by tlic United States to the declaration of the congress of Paris, 
I have thought it best to submit a copy of the same to Mr. Thouvenel, to be 
read. 

As your despatch recapitulates the points made by Mr. Thouvenel in the 
conversation with me and reported by me to the government, it was perhaps 
due to him that he should see if he has been correctly reported. Upon one 
side, it was equally important that, in a matter of so much interest, the view 
taken by our government should not be misstated nor misunderstood. It 
seems to mc now that the case stands, upon the whole correspondence, as 
well for the government of the United States as could be desired. 
With much i-espect, your obedient servant, 

WM. L. DAYTON. 

His Excellency William H. Seward, 

Secretary of State, <&c., &c. 



Mr. Seward to Mr. Dayton. 

No. 11.] Department of State, 

Washington, October 21, 1861. 

Sir: Your despatch of September 30 (No. 54) has been duly received. 
Your vigilance in communicating to me Mr. Brown's comments on the sub- 
ject of confiscation is approved. You will have learned, however, from the 
press, before this paper shall reach you, that the crises he apprehended were 
unreal. 

I am, sir, your obedient sei'vant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esq., Sc, &c., &c. 



Mr. Seward to Mr. Dayton. 

No. 12.] Department of State, 

Washington, October 21, 1861. 

Sir: Your despatch of September 30 (No. 55) has been received. I 
thank you for your diligence in transmitting the papers concerning our 



AKNUAL MESSAGE OP THE PRESIDENT. 255 

blockade, which it contains. The blockade is already very effective, quite 
as much so as any nation ever established. Proceeding's are now on foot 
which will remove the premature objections of the French consul to which 
you allude. 

I am your obedient servant, 

WILLIAM H. SEWARD. 

Wm. L. Dayton, Esq., &c., &c. 



Mr. Dayton to Mr. Seward. 



No. 69.] Paris, Octoler 22, 1861. 

Sir: You will recollect that in despatch No. 59 I informed you that I had 
thought it proper, under all the circumstances, to submit a copy of your last 
despatch. No. 56, in reference to the projected treaty, &c., to Mr. Thouvenel, 
to be read and returned. Herewith I send you a translation of his note, 
acknowledging' the reception of the copy of your despatch, and returning 
the same. He makes no comment on your despatch, and his note is of no 
importance except that you may have in your department the entire corres- 
pondence upon this important subject.^ 

Eespectfully, your obedient servant, 

WM. L. DAYTON. 

His Excellency William II. Seward, 

Secretary of Slate, &c., &c. 



[Translation.] 

Paris, October 18, 1861. 

Sir: You have been pleased to transmit to me, the 14th of this month, a 
copy of a despatch in which Mr. the Secretary of State of the Union sets 
forth the motives which do not permit the cabinet at Washington to accept, 
in signing a convention of adhesion to the principles of maritime right pro- 
claimed by the Congress of Paris, the declaration of which I had sent ^'•ou 
the rough draft. 

I have the honor to acknowledge the receipt of this communication, in 
returning to you, according to your desire, the despatch with which you 
have made me acquainted. 

Accept the assurances of the higli consideration with which I have the 
honor to be, sir, your very humble and very obedient servant, 

THOUVENEL. 



Mr. Seward to Mr. Dayton. 

No. 80.] Department of State, 

Washington, November 7, 1861. 

Sir: I have the honor to acknowledge the receipt of your despatch of 
October 22, (No. 69,) which is accompanied by a note from Mr. Thouvenel on 
the subject of my despatch to you, No. 56. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esq., &c., &c., &c. 



256 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Dayton to Mr. Seward. 

No. 75.] Paris, November T, 1861. 

Sir: I acknowledge the receipt this morning of despatches Nos. 68, 69, TO, 
71, and t2. Their contents rehite principally to the reception of sundry 
despatches from me, with brief answers, for which I am much obliged. I 
asked any information that it might be proper to give as to the future course 
of events in the United States, (beyond what is found in the newspapers,) 
not from curiosity, merely, but because I am sometimes questioned here by 
parties in the government, and fear that I indicate an unwarrantable ignorance, 
for I am constrained to say that I know nothing beyond what is common to 
all the world; while the government and diplomats here take it fur granted 
that I ought to know a great deal more. 

Your despatch (No. 68) informs me of Mr. Adams's communication of an 
intended couuter-proposition to be made by England and France to our gov- 
ernment in respect to Mexican affairs. Of this I had heard before, and it 
made me less anxious as to the question here; for the fact that a counter- 
proposition was to be made and answered would, of necessity, as I thought, 
occupy time and give the United States a chance for reflection, and perhaps 
action. The prompt consummation of this matter in London has rather 
taken me by surprise. I fear that some misunderstanding of each other's 
meaning may have occurred upon the part of Mr. Adams and Earl Russell, 
or one of them. At all events a point has been reached at a much earlier 
day than an intimation of such intended proposition led me to anticipate. 
I am, with respect, your obedient servant, 

WILLIAM L. DAYTON. 

His Excellency William H. Seward, Sfc, !fc., S^g. 



Mr. Seivard to Mr. Dayton. 

No. 84.] Department of State, 

Washington, November 23, 1861. 

Sir: Your despatch of November 7 (No T5) has been received. 

I have regretted quite as much as you have my inability at this moment 
to give advices to you and each other of our representatives abroad of the 
course of events occurring at home, and of the general drift of our cor- 
respondence with other nations; but this domestic commotion has ripened 
into a transaction so vast as to increase more than fourfold the labors of 
administration in every department. You can readily imagine how vast a 
machinery has been created in the War Department, in the Navy Deparment, 
and in the Treasury Department, respectively. The head of each is a man of 
busy occupations, high responsibilities, and perplexing cares. You would 
hardly suppose that a similar change has come over the modest little State 
Department of other and peaceful days; but the exactions upon it are infinite, 
and out of all that offers itself to be done, I can only select and do that which 
cannot be wisely or safely left undone. 

Thus far we have no official n(jtice from Europe of the proceedings there 
in regard to Mexico. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esq., <l^., ^o., S^c. 



SPAIN. 

Mr. Seward to Mr. Schurz. 
[Extract.] 
No. 2. J DEPARTifENT OF StATE, 

Washington, Ajyril 27, 1861. 

Sir: You receive the President's instructions for the discharge of your 
very important mission at a moment when a domestic crisis, long appre- 
hended with deep solicitude, is actually reached. For the first time since 
the foundations of this federal republic were laid with such pious care and 
consummate wisdom, an insurrection has developed itself, and assumed the 
organization and attitude of a separate political power. This organization 
consists of several members of this Union, under the name of " The Confederate 
States of America." That irregular and usurping authority has instituted 
civil war. The President of the United States has adopted defensive and re- 
pressive measures, including the employment of federal forces by land and 
by sea, with the establishment of a maritime blockade. The revolutionists 
have opposed to these inevitable measures an army of invasion directed 
against this capital, and a force of privateers incited to prey upon the 
national commerce, and ultimately, no doubt, the commerce of the world. 
It seems the necessity of faction in every country that whenever it acquires 
sufficient boldness to inaugurate revolution, it then alike forgets the coun- 
sels of prudence and stifles the instincts of patriotism, and becomes a suitor 
to foreign courts for aid and assistance to subvert and destroy the most 
cherished and indispensable institutions of its own. So it has already hap- 
pened in this case that the revolutionary power has, as it is understood, 
despatched agents to Europe to solicit from the States of that continent at 
least their acknowledgment of its asserted sovereignty and independence. 
To oppose this application and prevent its success will be your chief duty, 
and no more important one was ever devolved by the United States upon 
any representative whom they have sent abroad. 

There would, indeed, be no danger of the success of the unpatriotic appli- 
cation if the governments addressed could be relied upon to understand 
their true interests, and fulfil the obligations of national justice and frater- 
nity. But unhappily in the present condition of society nations are, to say 
the least, neither wiser nor more just or generous than individual men. 

You will take care that you do not yourself misunderstand the spirit in 
which your duty is to be performed, nor suffer that spirit to be misappre- 
hended by the government of her Catholic Majesty. The government of the 
United States, in the first place, indulges no profound apprehensions for its 
safety, even although the government to which you are accredited, and 
even many others of the European continent, should intervene in this un- 
happy civil war. The union of these States, with the maintenance of 
their republican institutions, is guaranteed by material, moral, and social 
necessities of this continent and mankind, that will, the President feels as- 
sured, overbear all aggression that shall be committed upon them, no mat- 
ter how various its forms or how comprehensive its combinations. The trial 
involves only the questions how long shall the struggle be protracted, and 

Ex. Doc. 1 IT 



258 ANNUAL MESSAGE OF THE PRESIDENT. 

what shall be the measure of the disasters and calamities it shall inflict. 
Secondly. The government neither expects nor asks, nor would it consent 
to receive, aid or favor from Spain or any other foreign state. It asks only 
that such states perform their treaty obligations, and leave this domestic 
controversy to the care and conduct of those to whom it exclusively belongs. 
Whenever this republic shall have come to need the protection or favor of 
any other nation, it will have become unable and unworthy to exist, how- 
ever aided from abroad. 

The President, in the absence of all inforniation, is left to conjecture what 
are the influences upon which the so-called Confederate States rely to induce 
her Catholic Majesty's government to grant their disloyal application. The 
high consideration which he entertains for her Majesty enables him to assume 
that the appeal taken from this government to her royal favor, proceeds, in 
part at least, on the ground that the revolutionists afiect to have suffered 
oppression and wrong at the hands of the government of the United States, 
which entitle them to the sympathy of the Queen of Spain, if not to redress 
through her intervention. Iler Catholic Majesty's government has not been 
addicted to such intervention hitherto, and the wisdom of its forbearance is 
seen in the revival of the energies of that great and honored nation, which 
now seems renewing a felicitous career. 

The President, however, will not rely merely on the forbearance of any 
foreign power, not even on that of the government of Spain. 

That government well understands the Constitution of the United States, 
and has had opportunity to learn its practical operation It therefore knows 
that the several States which constitute the federal Union can respectively 
practice tyranny or oppression upon individual citizens, and may even hinder 
and embarrass the general government, while, on the other hand, that gov- 
ernment, being armed with only a few though very important powers need- 
ful for preserving domestic peace, and defence against foreign nations, can 
neither oppress nor impoverish nor annoy any member of the Union or any 
private citizen. 

In the present case there are some points which will not escape consider- 
ation, namely : 

1st. The very interest which now resorts to insurrection, practically speak- 
ing, has directed the administration of the federal government from the hour 
when the first murmur of discontent was heard until now when it raises the 
flag of disunion. 

2d. The federal government, now seventy years old, has never made a 
foreign war which tliat same interest, now so insurrectionary, did not urge 
or demand ; has never extended its dominion a square mile bv discovery, 
conquest, or purchase except at the instance of the same party; has never 
exacted an irregular contribution, or levied an illegal or unequal tax, and 
only in war has imposed a direct tax. It has divided civil, military, and 
naval honors and trusts between all classes and sections, if not impartially, 
at least with preference of the same interest. It has constructed all the 
defences required for the section where that interest prevails, and for forty 
years has accommodated that interest with special legislation and beneficial 
. arrangements with foreign powers. The administration of the government 
has been so just and so tolerant that no citizen of any one of the States 
claiming to be aggrieved has ever been deprived by it of his liberty, except 
on conviction of crime by his peers of tlie vicinage, nor of his property with- 
out due compensation, nor forfeited his life under its authority except as a 
volunteer in the battles of his country. I will not pursue the subject. It is 
enough to show that while this government will submit its action in domes- 
tic affairs to the judgment of no other nation, it does not fear to encounter 
the moral opinion of mankind. 



ANNUAL MESSAGE OF THE PRESIDENT. 259 

Will the disunionists claim that they are the discoverers of a new and 
beneficent system of political government, which commends itself to the 
patronage of her Catholic Majesty ? What are the salient principles of their 
system ? First, government shall employ no standing military force in con- 
ducting administration of its domestic concerns, but shall always be consti- 
tuted hj popular suffrage, and be dependent upon it. But it shall, at the 
same time, be the right of the minority, when overruled in the elections, to 
resort to insurrection, not merel}' to reverse the popular decree, but even to 
overthrow the government itself, while, on the other hand, the government 
can never lawfull}' use force to coerce compliance with its laws. 

2d. The several states, districts, intendencies, or provinces which constitute 
a nation, must be brought and held together not in any case by conquest or 
force, but by voluntary federation, which may be stipulated to be perpetual. 
But each constituent state, district, intendency, or province retains an inhe- 
rent and absolute sovereignty, and its people may rightfully withdraw from 
the federal Union at pleasure, equally in war as in peace, leaving its com- 
mon debts unpaid, its common treaties unfulfilled, its common defence frus- 
trated. Moreover, the seceding party may seize all the federal treasures, 
defences, institutions, and property found within its own limits, and convert 
them to its own use, simply offering to come at its own future pleasure to 
an equitable account. It is not to be doubted that the kingdom of Spain 
could be dissolved by her Catholic Majesty's acceptance of this new system 
much more rapidly than by waiting the slow effect of foreign wars or do- 
mestic mal-administration. Castile, and Old Castile, Leon, Andalusia and 
Aragon, Cuba and the Philippine Islands, w^ould be much more easily sepa- 
rated on this plan than New York and Louisiana, California and Massachu- 
setts, Florida and Michigan. 

Perhaps the so-called Confederate States will rest their appeal on some 
especial ground of sympathy with Spain and the states of Spanish America. 

In such a case you will need only to say that the moderation which has 
thus far been practiced by the United States towards Spain, and the Spanish 
American states once her colonies, has been due chiefly to the fact that the 
several North American states of British derivation, exclusive of Canada, 
have been bound together in a federal Union, and the continuance of that 
Union is the only guarantee for the practice of the same moderation hereafter. 

Will the so-called Confederate States promise liberal or reciprocal com- 
merce with Spain or her provinces? What commerce can there be between 
states whose staples are substantially identical ? Sugar cannot be ex- 
changed for sugar, cotton for cotton, or rice for rice. The United States have 
always been willing, and undoubtedly they always will remain willing, to 
establish commerce with Spain and her provinces on terms as mutually'- re- 
ciprocal as the government of that country itself will allow. 

These thoughts are presented to you by direction of the President, not as 
exhausting the subject, but only as suggestions to your own vigorous and 
comprehensive mind, and he confidently relies on your applying all its pow- 
ers to the full discussion of the subject if it shall become necessary. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Carl Schurz, Esq., Sc, &c., &c. 



260 ANNUAL MESSAGE OF THE PRESIDENT. 

Mr. Preston to Mr. Seward. 

[Extract.] 

No. 41.] Legation of the United States, 

Aranjuez, April 22, 1861. 

Sir : An interview has taken place between the minister of foreign affairs 
and myself in reference to the subject embraced in your circular. 

In conformity with your instructions, I presented the inaugural address 
of the President as expressive of his policy towards the seceding States, and 
read to him your despatch, saying that the administration conceived that the 
unhappy diiferences existing in America owed their origin to popular pas- 
sions and were of a transient character, and that the President was well 
assured of the speedy restoration of the harmony and unity of the govern- 
ment. 

The minister replied with courtesy, expressing pain at the posture of affairs 
in the United States, but said that her Majesty's government was informed 
that extensive military and naval preparations were making in the north to 
enforce the federal supremacy in the south, and that the consequences were 
to be dreaded. I replied that I felt assured his information was erro- 
neous. 

No commissioners from the Confederated States have yei applied for the 
recognition of the Southern Confederacy, as I informed you in my former 
despatch. The minister has promised me that no negotiations for that pur- 
pose shall be conducted without my being fully informed. This is as satis- 
factory an arrangement as could be desired under existing circumstances. 

I have the honor to remain your obedient servant, 

W. PRESTON. 
Hon. William H. Seward, 

Secretary of State, &c., <&c., Washington, D. G. 



Mr. Preston to Mr. Seward. 
[Extract ] 



No. 54.] Legation of the United States, 

Madrid, May 25, 1861. 

The proclamations of the President declaring the blockade of the ports of 
Virginia, North Carolina, and other southern States, have been transmitted to 
the government of her Catholic Majesty for its ofiBcial notification. 

No commissioners have yet arrived in Spain to apply for the recognition 
of the southern States which have seceded from the Union, and none will 
probably come until the question has been determined by the cabinets of 
London or Paris. ******* 
I have the honor to remain your obedient servant, 

W. PRESTON. 
Hon. William H. Seward, 

Secretary of State, &c., &c., Washington, D. C. 



ANNUAL MESSAGE OF THE PRESIDENT. 261 

Mr. Perry to Mr. Seward. 
[Extract.] 

No. 4 "I Legation of the United States, 

Madrid, June 13, 1861. 

Sir: Your despatch of May 20, No. 1, has reached me, and varies the 
instructions of May 9. 

Please find annexed copy of my note to Mr. Calderon, dated yesterday, 
which I placed in his hands accompanied by a copy of your despatch. I 
deemed it proper to provoke a repetition to myself of the assurance given 
to Mr. Preston, and fix it by a statement in writing. 

On this subject, of the recognition by Spain of the pretended government 
of the Confederate States, I have had various interviews with influential 
personages, and with the sub-secretary and the first secretary of state. I have 
represented the position of the rebel party in a light which was evidently 
new to them. 

Yesterday, in a long and very satisfactory interview with Mr. Calderon,^ I 
explained to him the connexion of Mr. Jefferson Davis and other leaders in 
the southern rebellion with the attempt made in 1854-'55 by the same parties 
to provoke a war with Spain for the conquest of Cuba. He was made to 
see that the former filibustering against Cuba had its origin, like the present 
rebellion at the south, in the political ambition of our slave owners. They 
then wished to re-enforce the slave power in the Union by the annexation of 
new slave States, but having failed in Cuba, in Nicaragua, in Kansas, and 
lastly in the recent presidential election, they had at length to turn their 
arms against the government of the United States, now passed out of their 
control. 

Secession was filibustering struck in. I explained that, unhappily, a class 
at the south called by the slave owners "mean whites" were quite ready to 
follow their lead, and were a terrible instrument in their hands. Their own 
ignorance, their dependence upon the richer class, and their contact with 
the blacks had gradually reduced them, intellectually and morally, to a point 
of which, perhaps, there were few examples in the Anglo-Saxon race. They 
were as reckless of danger as they were of right, as ready to embark for 
the fever lakes of Central America as for the sugar fields of Cuba, or the 
wilds of Kansas, or a campaign against the government of their country. 

This was good material for a rebel soldiery; and under the more intelligent 

lead of the slave owners this revolt was undoubtedly serious and would cost 

•blood. But the result was not doubtful. The disparity of force and resources 

on the part of the government was too overbalancing to leave the rebels a 

chance of long prolonging the struggle. 

Happily, between the ambitious class of slave owners and the so-called 
"mean whites," their instruments, there was a middle class in the south, 
more numerous than the two together, loyal to the Union and the Constitution. 
These loyal citizens were now held in a state of duress by the violence and 
intimidation employed by the slave owners and their instruments. His 
excellency would have noticed that from the beginning to this day the rebels 
had not obtained the sanction of a popular vote to any of their high acts. 
Nevertheless this was the only basis of political right known in America. 
We had no king, no church, no aristocracy, no other political guarantee or 
sanction in our nation than the will of the people fairly expressed. None of 
the so-called ordinances separating States from the Union had been ratified 
by the people of those States themselves; nor had the pretended new con- 
federation of those States, nor the formation of a constitution and government 



262 ANNUAL MESSAGE OF THE PRESIDENT. 

for the so-called Confederate States, nor any other of the high acts pretended 
to have been accomplished in the name of the people of certain States, ever 
received their sanction or concurrence. The majority was against such 
proceedings in the southern States themselves. Tlie whole was the work of 
a party which, by violence, was imposing its action upon those States. 

Leaving out of view the question whether a State might or might not 
secede from the United States by its own will, really up to this time no such 
will had been manifested. The pretended acts of sovereignty exercised by 
those States in fact were not the acts of those States, but simply the acts of 
a party which shows itself a minority in those States. 

They were hollow, they lacked the only sanction which could give thena 
substance. 

And the appearance of a confederate government set up by the faction 
operating in the south was an appearance only — convenient for their own 
purposes, but having no condition entitling it to the consideration of foreign 
States. 

Without the sanction of the people it was a pretence and no reality. I 
mentioned the example of the court, or appearance of a court, set up by 
Don Carlos in the northern provinces of Spain not many years since, and 
asked Mr. Calderon whether that was a government either de jure or de 
facto ; and yet Don Carlos and his rebel army and sympathizers held a large 
district for a considerable period subject to their duress. 

Thus the appearance set up in our southern States was no government 
either de jure or de facto. It was at best a transitory form of violence, a 
phase of anarchy, a thing which could endure only whilst the violence might 
endure which had produced and still maintained it. But, aside from this 
violence, thei'e was no political guarantee in Mr. Davis, nor in his followers, 
nor in the class from which they spring. Up to this time they had been un- 
restrained, and their demonstrations completely unchecked, by any showof 
force on the part of the government; but now it had been found necessary 
to display the power of the Union, and our forces were preparing by land 
and sea to quell this sedition and release the loyal people of the southern 
States from the duress of this rebel faction. 

Much more was said, and questions asked and answered, which it is 
hardly necessary to repeat. 

The result of this interview, I am happy to say, may be regarded by the 
President as decisive in regard to Spain. Much had been done previously, 
but it was brought to a termination yesterday. 

The minister of state not only renewed to me the assurance given to Mr. 
Preston, but amplified it, stating absolutely that if any commissioners oi 
other negotiators should appear in behalf of the so-called Confederate States, ' 
the government would not see them nor recognize them in any capacity; 
that Spain would have nothing to do with the rebel party in the United 
States in any sense. 

I might write this to my government, and say besides that her Majesty's 
first secretary of state had promised me that within a few days, as soon as 
it could be declared, a decree would be issued by this government prohibit- 
ing all Spaniards from taking service on either side, and ordering all the 
subjects of Spain to maintain complete neutrality in the contest now begun 
in the United States; that she would prohibit the entrance of southern pri- 
vateers into any of her ports, peninsular and colonial, and prohibit the fur- 
nishing of any supplies to the rebels, whether arms, provisions, coals, ships, 
or any other merchandise which might aid in their revolt against the gov- 
ernment of the Union. Armed ships, with their prizes, would not be per- 
mitted to enter her ports. Spanish subjects would be forbidden to accept 
any letter of marque or other such document, or serve on board of any pri- 



ANNUAL MESSAGE OF THE PRESIDENT. 263 

vateer; aud no fitting out of vessels for the purpose of taking part in hos- 
tilities against the United States could be permitted, but impeded with 
vigor and severity. 

I have again seen Mr. Calderon to-day, and he informed me that, in pursu- 
ance of these declarations, he had just come from a council of ministers, 
vp^here he had been occupied with this business, aud that the decree would 
appear in two or three days at most, and that he Vk^ould also write to Senor 
Tassara, her Majesty's representative in Washington, to make you the same 
announcement on the part of his government. 

With sentiments of the highest respect, sir, your obedient servant, 

HORATIO J. PERRY. 
Hon. Wm. H. Seward, Secretary of State. 



Mr. Perry to Mr. Seward. 



No. 1.] Legation of the United States, 

Madrid, June 19, 1861. 

Sir: I have the honor to enclose the royal decree, published by the official 
gazette this morning, with its translation, (explained in No. 6.) 

The minister of state has to-day, whilst acknowledging that its provisions 
are in great part taken from the French decree, drawn my attention to the 
fact that he has avoided the use of the expression belligerents as far as pos- 
sible, or any other which could be considered as prejudging the question of 
right in any manner. 

He also drew my attention to the fact that, though the decree proclaims 
neutrality, it expressly prohibits any supplies to be furnished to privateers 
in the Spanish ports, whilst vessels-of-war may be provided and equipped 
with all they need; and this provision tells exclusively against the party 
issuing letters of marque. 

The preamble also is less objectionable than some other documents which 
have seen the light in Europe. 

With the highest respect, sir, your obedient servant, 

HORATIO J. PERRY. 

Hon. Wm. H. Seward, Secretary of State. 



[Translation.] 
MINISTRY OF STATE.— ROYAL DECREE. 

Taking into consideration the relations which exist between Spain and 
the United States of America, and the desirability that the reciprocal sen- 
timents of good intelligence should not be changed by reason of the grave 
events which have taken place in that republic, I have resolved to maintain 
the most strict neutrality in the contest begun between the federal States 
of the Union and the States confederated at the south; and in order to avoid 
the damage which might come to my subjects and to navigation, and to 
commerce, from the want of clear provisions to which to adjust their con- 
duct in consonance witli my council of ministers, I do decree the following: 

Article 1. It is forbidden in all the ports of the monarchy to arm, provide, 
or equip any privateer vessel, whatever may be the flag she displays. 



264 ANNUAL MESSAGE OF THE PRESIDENT. 

Art. 2. It is forbidden in like manner to the owners, masters, or captains 
of merchant vessels to accept letters of marque, or contribute in any way 
whatsoever to the armanent or equipment of vessels- of- war or privateers. 

Art. S. It is forbidden to vessels-of-war or privateers with their prizes to 
enter or to remain for more than twenty-four hours in the ports of the mon- 
archy, except in case of stress of weather. Whenever this last shall occur, 
the authorities will keep watch over the vessel and oblige her to get out to 
sea the soonest possible without permitting her to take in any stores except 
the purely necessary for the moment, but in no case arms nor supplies for 
war. 

Art. 4. Articles proceeding from prizes shall not be sold in the ports of 
the monarchy. 

Art. 5 The transportation under the Spanish flag of all articles of com- 
merce is guaranteed, except when they are directed to blockaded ports. The 
transportation of effects of war is forbidden, as well as the carrying of 
papers or communications for belligerents. Transgressors shall be respon- 
sible for their acts, and shall have no right to the protection of my govern- 
ment. 

Art. 6. It is forbidden to all Spaniards to enlist in the belligerent armies 
or take service on board of vessels-of-war or privateers. 

Art. 1. My subjects will abstain from every act which, in violation of the 
laws of the kingdom, can be considered as contrary to neutrality. 

Art. 8. Those who violate the foregoing provisions shall have no right to 
the protection of my governmer-*-, shall suffer the consequences of the 
measures which the belligerents ms y dictate, and shall be punished accord- 
ing to the laws of Spain. 

Palace, on the seventeenth of June, one thousand eight hundred and 
sixty-one, 

SIGNED WITH THE ROYAL HAND. 

The minister of state, 

SATURNINO CALDERON COLLANTES. 



Mr. Seward to Mr. Schurz. 



No. 6.] Department of State, 

Washington, June 22, 1861. 

Sir: I send you an extract of a letter from Mr. Sanford, our minister at 
Belgium. 

You will perceive, at once, how important it is that the Spanish govern- 
ment shall prevent the fitting out or departure of privateers from its friendly 
ports. We do not doubt your activity. You will need to see that our con- 
suls in Spain are watchful and active. 
I am, sir, your obed'.ent servant, 

WILLIAM H. SEWARD. 
Carl Schurz, Esq., Sfc, S(V., Sfc, Madrid. 



No. 13.] Mr. Ferry to Mr. Seward. 

Legation of the United States, 

Madrid, July 12, 1861. 

Sir: I have been prevented, by my recent illness and the pressure of 
affairs, from communicating to you till this moment the import of various 



ANNUAL MESSAGE OF THE PRESIDENT. 265 

conversations which I had with Mr. Calderon Collantes, minister of state, 
previous to entering the protest of June 19, upon the subject of the com- 
mercial relations of the two countries and the West Indian colonies. 

I confess this subject has been a favorite with me ever since I succeeded, 
in 1854, in inducing the Spanish government to consent to negotiate with 
me for the conclusion of a commercial treaty upon the liberal and advanta- 
geous basis of the eleven articles then drawn up and sent to the State 

Department, accompanied with this ofier on the September of that 

year. 

On entering again upon the discharge of the duties of this legation, I 
took an early opportunity, therefore, to sound the dispositions of the present 
minister of state on this subject, as well as the feeling of other officers and 
personages influential in this government. 

In no quarter has the idea of arranging the commercial intercourse of the 
two countries upon a more liberal basis been repelled. The minister of 
state told me, without hesitation, that he would enter with me upon the 
work of negotiating a treaty for this purpose readily, and with the idea that 
we should find no great difficulty in bringing it to a successful conclusion. 

I mentioned, especially, the subject of the Cuban flour duties, and re- 
ceived the reply, now as in years before, that these would be yielded by 
Spain, and the Spanish colonial market thrown open to the introduction of 
our grains and pi'ovisions of all kinds. 

Some compensation, or show of compensation, to the Castilian wheat- 
growers may be asked in the form of a reduction of our duties on the cheap 
wines of Castile; and whilst 1 see no great objection to such an arrange- 
ment, I am, at the same time, persuaded that practically it would amount to 
little in its effects either upon our revenue or upon the agricultural interests 
of Castile. 

The motive of these conversations was to assure myself, for your informa- 
tion, what were the present wishes and dispositions of the Spanish govern- 
ment on this subject, prior to that coolness in our relations which must 
follow the presentation of the protest of June 19. I repeat, I have found 
these dispositions, now as heretofore, entirely favorable to the object naen- 
tioned, and I could have undertaken to carry a negotiation on this subject 
to a conclusion satisfactory to you, and highly advantageous to our people 
interested in the trade with the Spanish colonies. 

As to the convention for the settlement of claims, which was signed by 
Mr. Preston, the minister of state expressed his regret that it had not re- 
ceived the ratification of the Senate, but had no doubt we should be able to 
arrange it so as to avoid the objections of that body. Other more pressing 
afl'airs induced me not to go much into the matter in the absence of your 
instructions. 

But may I inquire what objection there would be on the part of the present 
administration, or of the Senate, to such a convention for this purpose, as I 
had the honor of offering to the acceptance of the administration of Presi- 
dent Pierce, in September, 1854, a convention on the model of that con- 
cluded with Great Britain in February, 1853, free from especial clauses in 
reference to any particular claim, and embracing all claims by citizens or 
subjects of eitlier country on the government of the other, without designar 
tion nor exception of any ? 

Should any change of circumstances lead you to recur to this subject, it 
will perhaps be useful to know that such an arrangement can be made. 
With the highest respect, sir, your obedient servant, 

HORATIO J. PERRY. 

Hon, William H. Seward, 

Secretary of State. 



266 AJ^NUAL MESSAGE OF THE PRESIDENT. 

Mr. Schvrz to Mr. Seward. 

[Extracts.] 

No. 2.] Legation of the United States, 

Madrid, July 15, 1861. 
Sir: 



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Senor Calderon Collantes then asked me whether the declaration of neu- 
trality on the part of Spain in regard to our domestic troubles was satisfac- 
tory to my government. I replied that the government of the United States 
asked for and expected from foreign powers nothing but to be left to dispose 
of our domestic controversy as it deemed best As to the declaration of 
neutrality on the part of Spain, I had received no expression of opinion from 
my government, and that I thought it would be considered satisfactory. 

I then asked Senor Calderon Collantes whether any application had been 
made to her Majesty's government for the recognition of the so-called Con- 
federate States. He replied that no such application had been made, and 
that to his knowledge none of the gentlemen said to have come to Europe 
for that purpose had touched the soil of Spain. He assured me, in addition, 
that if anything of the kind should occur he would immediately communi- 
cate the fact to this legation. 

In relation to my presentation to the Queen, Seiior Calderon Collantes 
said that it was uncertain whether her Majesty would be able to receive me 
previous to her departure for Santander, which was to take place on the 
15th instant; but that he would bring the matter before a meeting of the 
cabinet, to be held the same evening, and advise me in due time of their 
decision. He requested me, at the same time, to communicate to him the 
draft of the speech which I intended to deliver at the reception. 

In the course of the night Mr. Perry was advised that her Majesty would 
be pleased to receive me the next day, at 9.30 o'clock p. m. 



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At the appointed hour I was received by her Majesty. I have the pleasure 
to annex a copy of the speech I delivered in presenting my letter of cre- 
dence, as well as her Majestj^'s answer. 

Last night there was a general reception bj'' the Queen and the King con- 
sort of the diplomatic corps, which I attended, accompanied by Mr. Perry. 
I may mention that on both occasions I was, contrary to the rules of court 
etiquette, admitted in a plain citizen's dress, the shortness of the time not 
having permitted me to prepare a proper court costume. 

I cannot close this despatch without expressing my sincere gratification 
at the manner in which Mr. Perry had prepared for my reception here, and 
the many obliging attentions he has shown me since. Although my ac- 
quaintance with him is of but three days standing, yet I have no doubt our 
official and social intercourse will be of the most cordial nature. 
I am, sir, your obedient servant, &c., &c., 

C. SCHUPtZ. 

Hon. Wm. H. Seward, 

Secretary of State, Washington, D. G. 



ANNUAL MESSAGE OF THE PRESIDENT. 267 



Copy of the speech of Mr. Schurz. 

Madam : In appearing before your Majesty as envoy extraordinary and 
minister plenipotentiary of the United States of America, I regard it as my 
most agreeable duty to communicate to your Majesty the friendly feelings 
which the President of the United States and the American nation entertain 
towards your Majesty and the people of Spain. 

I beg leave to assure your Majesty that, for the purpose of maintaining 
amicable relations with the government of your Majesty', as far as may be 
consistent with the dignity and legitimate interests of the United States, 
the President could not have selected a more willing instrument than myself. 

I have now the honor to place into your Majesty's hands the letter of 
credence confided to me by the President, and of presenting my best wishes 
for the health of your Majesty and the royal family, and for the prosperity 
of the Spanish nation. 



Beply of the Queen to Mr. Schurz. 
[Translation.] 

Mr. Minister: With true satisfaction I receive the letter which accredits 
you as envoy extraordinary and minister plenipotentiary of the United States 
of America in my court, and appreciate most highly the assurances which 
you give me of the sentiments of friendship which animate the President 
and those States towards my person and the Spanish people. 

I take a lively interest in the prosperity of the nation which you come to 
represent, and cherish the hope that its relations with Spain will always be 
maintained in such a way as to satisfy the dignity and interests of both 
peoples. 

I do not doubt that you will contribute with your enlightenment to this 
object, and that your comportment will make you worthy of the estimation 
of my government. 

I am much gratified, Mr. Minister, with the wishes you express for my 
felicity, for that of my family, and for the prosperity of the Spanish nation. 



Mr. Seward to Mr. Tassara. 



••- Department of State, 

Washington, July 15, 1861. 

The undersigned. Secretary of State, has the honor of addressing Mr. 
Tassara on the subject of certain vessels belonging to citizens of the United 
States now, or lately, detained at the port of Cienfuegos, in the Island of 
Cuba. 

Information has been received at this department that a piratical armed 
steamer called Sumter, on the 6th July instant, entered that port with seven 
vessels belonging to citizens of the United States, which she had captured, 
with their oificers, and also the officers and seamen of another such vessel 
which she had captured and burned on the high seas. The department is 
further informed that the Sumter was, on that occasion, manned by a full 



268 ANNUAL MESSAGE OF THE PEESIDENT. 

complement of seamen, marines, officers, and firemen; that she carried an 
armament of five or eight heavy guns, and that thus manned and armed the 
vessel was supplied with coal and water at Cienfuegos, and was allowed to 
depart on the same day to a destination unknown. 

The undersigned is further informed that the captured vessels were detained 
in the port of Cienfuegos, and that their crews, together with that of the 
vessel which had been burned, were set at liberty. 

It is the duty of the undersigned to bring this extraordinary transaction 
to the notice of the Spanish government. This government will cheerfully 
receive any explanations of it which the Spanish government may feel itself 
at liberty to give. But in the meantime, assuming the facts to be correctly 
presented as they are above stated, the undersigned is instructed by the 
President of the United States to inform the Spanish government that he 
deems the admittance of the said piratical vessel, the Suuater, into the port 
of Cienfuegos, with the captured vessels and crews before described, her 
supply there with coal and water, and her permitted departure, to have been 
in violation of the treaties existing between this government and Spain, as 
well as of the law of nations; and this government, in this view, will expect 
the immediate release and discharge of the captured vessels and their 
cargoes. Reserving the subject of indemnity for the injury inflicted upon 
the United States by the transaction, as recited, until time for explanation 
shall have been aftbrded, the undersigned is nevertheless instructed to ask 
at once that her Catholic Majesty's government will take effective measures 
to prevent the recurrence of transactions in the ports of Spain of the kind 
now in question, which are not more injurious to the commerce of the United 
States than toward that of Spain herself and of all other commercial nations. 

The undersigned is induced to believe that those requests will not only 
meet prompt attention, but will even be answered in a manner satisfactory 
to the United States. This belief is founded on these facts: first, a corre- 
spondence which has taken place between the consul general of the United 
States and his excellency the governor general of the Island of Cuba re- 
lating to the subject has been submitted to this department, in which cor- 
respondence the governor general announces that he has been left withont 
the aid of instructions in the matter, and that he shall abide the directions 
of his government, in the meantime taking your advice in the premises. 
Further, this government has been advised by a communication from Mr. 
Perry, lately acting as chargd d'affaires at Madrid, under date of the 13th of 
June last, that he was directed by the Spanish government to inform the 
government of the United States that Spain would prohibit the entrance of 
southern privateers into any of her ports, peninsular or colonial, and would 
also prohibit the furnishing of any supplies to the rebels, whether arms, 
provisions, coals, ships, or any other merchandise, and that armed vessels, 
with their prizes, would not be permitted to enter the ports of Spain. More- 
over, the same mail which brought the information of this transaction, 
brought also a despatch from Mr. Perry, containing later assurances re- 
ceived from the government of Spain similar to those already recited, 
together with an official copy of a royal decree of the 16th June, giving 
legal effect to the promises thus so repeatedly made. 

In specifying these particular grounds of confidence for an expectation of 
a satisfactory disposition of the subject of this communication, the under- 
signed is by no means to be regarded as excluding the more general assu- 
rances of amity and friendship which have been lately exchanged between 
the two governments, or their habits of good faith and reciprocal justice 
which have been confirmed by an almost unbroken experience of two-thirds 
of a century. 

In order to elucidate the subject of this note, the undersigned causes to 



ANNUAL MESSAGE OF THE PRESIDENT. 269 

be annexed thereto a copy of some of the official communications to which 
allusion has been made, and especially the correspondence between his ex- 
cellency the governor general of Cuba and the consul general of the United 
States in that island, and the recent communication from Mr. Perry, together 
with a copy of the royal decree to which reference has been made. 

The undersigned avails himself of this occasion to offer to Mr. Tassara re- 
newed assurances of his high consideration. 

WILLIAM H SEWARD. 

Senor Don Gabbiel Gakcia y Tassaea, S^c, SfC, S^. 



Mr. Seward to Mr. Schurz. 



No. 14.] Department of State, 

Washwgton, July 20, 1861. 

Sir: I send you copies of a correspondence which has taken place between 
this government and Mr. Tassara respecting the detention of several Ameri- 
can vessels at Cienfuegos, which were carried into that port by the priva- 
teer Sumter, with copies of documents which illustrate the subject. 

I regret very much that the captain general did not assume responsibility 
to deliver up the vessels, and that Mr. Tassara also declined it. It must be 
apparent that the entire commerce of Spain, as well as that of this country, 
is exposed to serious embarrassment if her Catholic Majesty's government, 
under whatever view of the subject, suffers privateers to find shelter, or 
supplies, or favor. 

This government does not doubt that the Spanish government will 
promptly direct the release of the vessels, with their cargoes. 
1 am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Carl Schurz, Esq., ^-c., S^c, SfC., Madrid. 



Mr. Schurz to 3Ir. Seward. 



No. 5.] Legation of the United States, 

Madrid, July 22, 1861. 

Sib: I have the honor to enclose a copy of the royal order of the 16th of 
May last, addressed to the captain general of Cuba, and published in the 
Gazette of the Havana on the 16th June, just published in the official Gazette 
of Madrid. 

It provides that, during the fourteen months after its publication at the 
Havana, all hard biscuit should be admitted free of duty in Cuba, no matter 
whence it come; and also the duties on Indian corn, and Indian meal and 
flour, potatoes, and beans, should be reduced one-half during the same period. 

I suppose your attention will have been drawn to this order by the consul 
of the United States at Havana, and its provisions published for the benefit 
of our commerce. 

It is another indication confirmatory of what has been said by Mr. Perry, 
in his despatch No. 13, and by myself, in my No. 3, of 18th instant, as to the 
apparent disposition of the Spanish government to listen favorably to any 



270 ANNUAL MESSAGE OF THE PRESIDENT. 

propositions for a chang-e in the restrictive system of duties upon our com- 
merce with their colonies. 

With the highest respect, sir, your obedient servant, 

C. SCHURZ. 
Hon. William H. Seward, 

Secretary of State. 



Mr. Schurz to Mr. Seward. 
[Extract.] 



No. 6.] Legation of the United States, 

Madrid, August 5, 1861. 

Sir : I have the honor to acknowledge the receipt of your despatches Nos. 
10, 11, 12, and 13. The exequatur for Mr. Little has immediately been ap- 
plied for. 

In pursuance of the instruction contained in your despatch No. 11, I 
addressed a note to Seiior Calderon Collantes, a copy of which is hereto an- 
nexed, (No. 1.) I would have solicited an interview with the secretary for 
the purpose of expressing to him the satisfaction with which the proclamation 
of the Queen was received by the President, had he not been absent from 
the capital. In my despatch No. 2 I informed you that on Monday, July 15, 
the second day after my reception, the Queen left Madrid for Santander, and 
that the secretary for foreign affairs accompanied her. Sandander not being 
one of the regular summer residences of the Queen, the diplomatic corps re- 
mained here, with the exception of a very few members who were specially 
invited to join the court, probably for the purpose of discussing Neapolitan 
affairs. It is for this reason that I have not seen Senor Calderon Collantes 
since the day of my reception by the Queen. Having no business on hand 
which called for immediate action, I deemed it prudent to follow the exam- 
ple of the rest of the diplomatic corps. 

The court will leave Santander on the 13th instant, and then either spend 
a few days at Madrid, or go directly to La Granja, where the Queen will be 
joined by the whole diplomatic corps. 

I am, sir, with high esteem, your obedient servant, • 

C. SCHURZ. 
Hon. William H. Sew.^rd, 

Secretary of State. 



Mr. Schurz to Senor Calderon Collantes. 

Legation of the United States, 

Madrid, July 31, 1861, 

Sir : Yesterday I received a despatch from the Secretary of State of the 
United States, informing me that the President has read with the greatest 
satisfaction the proclamation of her Catholic Majesty concerning the unfor- 
tunate troubles that have arisen in the United States, and it affords me the 
sincerest pleasure to express to your excellency the high sense which the 



ANNUAL MESSAGE OF THE PRESIDENT. 271 

President entertains of her Majesty's prompt decision and friendly action 
upon this occasion. 

In connexion with the fulfilment of this most agreeable duty, I heg leave 
to call your excellency's attention to the following telegraphic report, con- 
tained in the London " Times" of July 27: 

" Advices have been received from Havana to the 10th instant. The pri- 
vateer steamer Sumter had captui-ed eight Ameincan ships laden with sugar 
on the south side of Cuba. One was burnt, and the other seven were taken 
by prize crews into Cienfuegos. One report states that the captain general 
of Cuba had released them. Another report asserts that he had detained 
them in order to refer the matter to Madrid." 

In the latter case I trust her Majesty's government will not hesitate to 
cause the policy laid down in the royal proclamation to be loyally and 
promptly carried into effect. 

I have the honor to remain, with sentiments of distinguished consideration, 
your excellency's obedient servant, 

C. SCHURZ. 

His Excellency Don Saturnixo Calderon Collantes, 

First Secretary of State, SfC , SfC. 



Mr. Seward to 3Ir. Schurz. 



No. 18.] Department of State, 

Washington, August 8, 1861. 
Sir: Your despatch of July 15 (No. 2) has been received. 
Your conduct in regard to your presentation at coiu't is approved. 
Your speech was discreet in its points and felicitous in expression. The 
Queen's reply is entirely satisfactory. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Carl Schurz, Esq., SjV., SfO., SfC. Madrid. 



Mr. Tassara to Mr. Seward. 
[Translation.] 



Legation of Spain at Washington, 

Washington, August 9, 1861. 

The undersigned, envoy extraordinary and minister plenipotentiary of her 
Catholic Majesty, has the honor to bring to the knowledge of the honorable 
Secretary of State of the United States that, according to an official com- 
munication of the 28th of July from the captain general of the Island of 
Cuba, the vessels belonging to citizens of the United States taken into the 
port of Cienfuegos by the steamer " Sumter" have been set at liberty, the 
examination of the case proving that they were captured in waters within 
the jurisdiction of the island, and under unlawful circumstances. 

The undersigned avails of this occasion to reiterate to the Hon. William 
H. Seward the assurances of his highest consideration. 

GABRIEL G. TASSARA. 

Hon. William H, Seward, 

Secretary of State of the United States. 



272 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Seward to Mr. Schurz. 

No, 21.] Department of State, 

Washington, August 15, 1861, 

Sir: Mr. Perry's despatch. No. 13, dated July 12, was delaj^ed, and only 
came to hand simultaneously with your own despatch (No. 3) of July 18, 
which relates ip part to the same subject, namely, the negotiation of a treaty 
between the United States and Spain for the liquidation of claims, and for 
the melioration of the commercial arrangements between the two governments 
affecting trade with the Spanish West India colonies. My answer to your 
own (No. 3) includes all that it seems necessary to say concerning Mr. 
Perry's communication first mentioned, except one point. That point I shall 
now consider. Not only would this government cheerfully enter into a treaty 
raising a joint commission for the settling of pending claims between the 
two countries, or between their citizens and subjects, but it deems it essen- 
tially important and desirable that all such claims should be put into that 
vei'y proper channel for settlement. But this government does not regard 
the so-called Amistad claim as having any valid obligation in law or con- 
science, and can in no case consent to negotiate upon it. While, therefore, 
we shall not be critical as to the form of words to be used in describing the 
claims to be submitted to the proposed joint commission, frankness requires 
that the exception of that supposed claim shall be expressed, or at least dis- 
tinctly understood. 

I am well aware that this instruction differs radically from admissions and 
acknowledgments heretofore made by several of the predecessors of the 
President. Each of them has considered the subject for himself, and pro- 
Tiounced upon it according to his own convictions. The new President, un- 
der the same obligation, instructs me to make known to you his disallowance 
of the claim in question. It were, indeed, to be desired that there should be 
consistency in the action of the government throughout successive adminis- 
trations, especially where foreign nations are concerned, but justice and 
reason cannot be safely compromised by any government, even for the sake 
of preserving perfect consistency with itself through a series of years, and 
in its intercourse with foreign states. 

I am, sir, your obedient servant, 



Carl Schurz, Esq., SfC., S;-c., Sec, 3fadrid. 



WILLIAM H, SEWARD. 



Mr. Seward to Mr. Schurz. 



No. 23.] Department of State, 

Washington, August 20, 1861. 

Sir: Your despatch of the 22d July, No. 5, has been received. The re- 
duction of imposts on certain productions of the United States made by the 
Spanish government is a favorable step in the right directi(Mi, and, as such, 
"will be very gratifying to the people of the United States. Due publicity 
to the regulation has been given. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Carl Schurz, Esq., d;c., &c , &c. 



ANNUAL MESSAGE OF THE PRESIDENT. 273 



Mr. Seward to Mr. Schurz. 

No. 26.] Department op State, 

Washington, September 3, 1861.- 

Sir: Your despatch No. 6, under the date of August 6, has been re- 
ceived. Your note written to Mr. Calderon Collantes on the subject of the 
reception of the piratical vessel Sumter with her prizes at Cienfuegos was 
eminently proper and is approved. You are already aware that the gov- 
ernor general of the Island of Cuba has released the prizes. I defer further 
remark concerning that transaction, if indeed any shall now be necessary, 
until the answer of the minister of foreign affairs to your note shall have 
been received. 

Your attention to my request concerning certain matters in Paris is 
highly appreciated. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Carl Schurz, Esq., c&c., &c., &g. 



Mr. Seward to Mr. Schurz. 



No. 28.] Department of State, 

Washington, September 5, 1861. 

Sir: Your despatch No. T, dated August 6, has been received. I can 
very well understand that you were deeply distressed by the first reports 
of the battle at Bull Run. Those reports grossly exaggerated a disastei 
which was sufficiently afflicting in its real proportions. The exultation of 
persons and classes in foreign nations prejudiced against our country and 
its institutions is one of the penalties we pay for the civil discord into 
which we have fallen. But even a very limited experience of human nature 
will enable us to practice the necessary equanimity in such a crisis. 
Changes of habit and policy are necessary to national growth and progress. 
We have had little reason to expect that such changes in our case should 
always be effected without the occurrence of some disorder and violence. 
Let us be content that the country has virtue enough to pass the ordeal 
safely, and that when it is passed, our prosperity will be greater and more 
assured than ever. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Carl Schurz, Esq., 

&c., &c., dbc., 3£adrid. 



Mr. Seward to Mr. Schurz, vxith accompaniments. 

No. 30.] Department op State, 

Washington, September 18, 1861. 

Sir: I write this despatch with a view that you shall ask permission of 
Mr. Calderon Collantes to read it to him, and if he shall be disposed to receive 
it you will deliver a copy of it to him. 

Ex. Doc. 1 18 



274 ANNUAL MESSAGE OF THE PRESIDENT. 

I think that the Spanish government can entertain no doubt that the United 
States earnestly and even anxiously desire to avert, if possible, any such 
alienation as might lead to a conflict between the two countries as an episode 
in the civil war which is unhappily prevailing at the present moment in the 
southern part of the republic. I am perfectly satisfied that the Spanish 
government is animated by the same desire. Upon this point I speak sin- 
cerely and upon full consideration. I am not equally confident, however, 
that the consuls of the United States in the Island of Cuba will always, in 
the absence of special instructions for unforeseen contingencies, exercise the 
discretion which the interests of our country require. 

The government of the United States is not to be misunderstood as fearing 
to encounter the intervention of Spain in favor of the insurgents of this 
country, if her Catholic Majesty's sentiments and purposes have been mis- 
construed. We are aware, we think, of all the perils of our situation, and 
have not overlooked the not unnatural one of foreign alliances with our dis- 
loyal citizens. 

The valuable commerce carried on between the United States and the 
Island of Cuba is often attended with incidents which require the exercise of 
great discretion and of mutual forbearance to prevent collisions between the 
consular authority of the United States, allowed by treaties and the law of 
nations, and the just sovereign authority of Spain. 

I desire to state, in a spirit of perfect frankness, what deviation from the 
usages of revenue and commerce between sovereign states, as recognized by 
treaty and international law, this government tolerates in the transaction of 
American commerce in the ports of Cuba, and in all other foreign ports. 

When an American merchant vessel arrives in a foreign port, having 
cleared from a port in the United States which, at the time of her departure, 
was in the possession of the insurgents, and for that reason she could not 
have obtained regvdar papers from officers acting under the authority of the 
United States, and conformable to the laws of Congress, this government 
does not insist that she shall be denationalized for that reason. But, on the 
other hand, it does expect that she shall, in the port where she arrives, be 
treated in all respects as an American vessel and subject to the consular 
authority of the United States, and that she shall not be treated as a vessel 
independent of the laws and consular authority of this nation. 

The waiving of the irregularity of the papers in such cases is consented to 
ex necessitate, and for the present time only, and is not to be drawn into pre- 
cedent. But when this government shall see fit to withdraw this concession, 
due notice will be given to foreign powers. 

I send you copies of papers which have just been received from the vice- 
consul general of the United States residing in Havana, namelj', despatches 
Nos. 56 and 60, dated the 6th and 10 instant, respectively, with their accom- 
paniments. 

These papers furnish some ground to apprehend that the Spanish author- 
ities in Cuba, misinterpreting, as I am happy to think, the royal edict of the 
11th of June, are practicing, or are about to practice, upon the principles of 
recognizing an insurgent flag upon American vessels, and denying the con- 
sular rights and privileges of the United States in reference to such insurgent 
vessels in Spanish ports. 

I forbear from preferring any complaint concerning the cases mentioned 
in these papers, partly for the reason that the transactions mentioned therein 
are incompletely presented, and more for the reason that I am seeking the 
prevention of future difiiculties by the government of Spain in an amicable 
spirit. I neither make nor ask explanations in these cases. But I desire 
that Mr, Calderon Collantes will examine the papers, and, after having satis- 



ANNUAIi MESSAGE OF THE PRESIDENT. 275 

fied himself of the true state of the case, will give such directions, if he shall 
find it necessary to do so, to the colonial authorities as will prevent any 
recognition whatever in the Spanish ports of the flag of the insurgents, or 
any disrespect to the flag of the United States, by the Spanish authorities, or 
any infraction of their consular authority in those ports. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Carl Schuez, Esq., SfO., SfC., Madrid. 

October 4. 
P. S. — The unavoidable delay which has taken place in the preparation of 
the accompaniments of this instruction has enabled me to add the transcript 
of another despatch from the vice-consul general of the United States at 
Havana, received at the department on the 1st instant, and dated on the 24th 
ultimo, (No. 63,) relating to the ship "Bamberg" and brig "Allen A. 
Chapman." 



3Ir. Savage to Mr. Seward. 



No. 56.] Consulate General of the Unifed States of America, 

Havana, September 6, 1861. 

Sir : Having learned, on the 30th ultimo, as I might say accidentally, 
that a vessel had come, several days before, into the port of Matanzas under 
the flag of the so-called Confederate States, and, notwithstanding the efforts 
of our consul there to prevent it, had been admitted by the authorities to 
entry, and to discharge her cargo, which course had been approved of by 
the superior authority of the island, I addressed the same day a letter to 
Mr. Martin, calling upon him for information on the subject. No reply hav- 
ing been received on the 2d instant to my letter, I wrote again, and yester- 
day morning his answer came to band. A copy of it and the accompanying 
papers are herewith enclosed. This correspondence contains all the facts 
relating to that case. 

On the same day that I wrote my first letter to Consul Martin I ascer- 
tained that the governor general had decided to admit into the ports of the 
island all vessels arriving under the flag of the insurgents, and to allow 
them to discharge and take cargo. On the next day I succeeded in obtain- 
ing a copy, and it is now accompanied with a translation thereof. This 
order was transmitted by the intendant general of the army and treasury 
to the collector general of the maritime revenue; has not been published 
nor communicated to me in any form; and, although its existence is known 
to many, the public journals, excepting the Weekly Report in a general 
way, have not even mentioned it. 

In a matter of such import, and feeling the conviction that no suggestions 
of this office would cause the captain general to cancel that order, I have 
deemed it expedient not to enter into any correspondence or discussion with 
him without specific instructions from the department; more especially after 
reading what Mr. Wheaton advances upon the subject, in pages 32, 33, and 
34, Elements of International Law. Moreover, as the Spanish government 
has always denied to consuls any diplomatic power, I felt apprehensive that 
my first communication on the subject would be unheeded, or acknowledged 



276 AKNUAL MESSAGE OF THE PEESIDENT. 

with the remarks that the question comes within the province of our respec- 
tive governments, and to be settled at Washington or Madrid. 

I have the honor to be, sir, with great respect, your obedient servant, 

THOS. SAVAGE, Jr., 

U. S Vice- Consul General. 
Hon. Wm. H. Seward, 

Secretary of State of the United States, Washington. 



His excellency the superior civil governor has, on date of 2Tth instant, 
resolved the following: 

1st. All merchant vessels proceeding from and wearing the flag of the 
southern confederacy, employed in legitimate commerce, will be admitted 
in all the ports of entry of this island, if the documents they may present 
do not cause the slightest suspicion of piracy, fraud, or any other crime 
punishable according to the laws of all nations. 

2d. Once in our ports, said vessels will be under the safeguard of the 
neutrality proclaimed by the government of her Majesty the Queen (whom 
God save) in the royal decree of the 17th of June, and in this understanding 
they cannot be molested by any foreign a£;ent whilst engaged in their licit 
operations of entrance and discharge, lotfding and departure, in said ports. 

3d. Therefore, all the civil, as well as naval and treasury, authorities in 
the ports of this island will consider such vessels, in relation to their admis- 
sion and clearance, as vessels proceeding from a foreign nation which has 
no accredited consul in this territory. 

Which, by order of the intendant general, I communicate to you for your 
intelligence and fulfilment of the part that concerns you. 



3£r. Savage to Mr. Seward. 



No. 60.] Consulate General United Spates of America at Havana, 

September 10, 1861, 

Sir : I have the honor to lay before you copies of correspondence between 
this consulate and various authorities respecting the ship Bamberg and brig 
Allen A. Chapman. By reference to the communications that passed between 
the commercial court and myself, you will see that I objected to any inter- 
ference on the part of that court against the action taken by this consulate 
in respect to the Bamberg. I have learned that on receipt of my letter the 
court cancelled the order it had issued granting permission for the survey 
and discharge of the ship, and has referred the matter to the governor 
general. 

But on Sunday, the 1st instant, both the ''Bamberg" and "A, A. Chap- 
man," by preconcerted design, prompted by the governor general's order 
in relation to vessels arriving in open ports of the island under the flag of 
the so-called Confederate States, put up rebel flags at their fore and main 
mastheads. The A. A. Chapman had the rebel flag of the southern confed- 
erac}' at the fore, and the flag adopted by Louisiana after she seceded from 
the tJnion at the main masthead, the American colors hanging from a rope 
at the stern. The Bamberg had the so-called Louisiana flag at the main 
masthead, the American at the peak. I consider the so-called flag of Lou- 
isiana to be an emblem of rebellion. 



AiWUAL MESSAGE OF THE PRESIDENT. 277 

My correspondence with the captain general and captain of the port will 
show the course I have deemed proper to adopt, and I trust it will meet with 
your approbation. 

I have no answer as yet from the governor general. He has probably 
referred the case for consultation before adopting a decision to communi- 
cate to this consulate. 

I have the honor to be, sir, with profound respect, your obedient servant, 

THOMAS SAVAGE, Jr., 

Vice-Consul General 
Hon. William H. Seward, 

Secretary of State of the United States, Washington. 

N. B. — I accompany also registers and crew-lists of the Bamberg and 
A. A, Chapman. 

THOMAS SAVAGE. 



CoNsciATE General of the Uxited States of America at Havaxa, 

September 1, 1861. 

Sir : In the month of May last this consulate caused to be posted in the 
most conspicuous places fi'equented by American shipmasters the following 
notice : 

" As the President of the United States has officially declared that certain 
States of the Union are in a condition of open rebellion against the govern- 
ment, and as in time of war treason consists in giving aid and comfort to the 
enemy, therefore I have to inform all masters of American vessels in the port 
of Havana that this consulate cannot give protection to Any vessel claiming 
to be an American which hoists the rebel flag on any part thereof." 

After some demurring on the part of three or four vessels that were at 
the time lying in this port, the practice of hoisting rebellious flags was dis- 
continued, and the consulate entertained the hope that thereafter no case 
would occur requiring the enforcement of that notice. But in consequence 
of an order reported to have been issued recently by your excellency to the 
collectors of customs and authorities of the island, in respect to vessels that 
may arrive in her ports bearing the flag of the so-called Confederate States, 
that offensive practice has been revived to-day by the ship Bamberg, James 
E. Wilner master, and brigantine Allen A. Chapman, A. P. Laurent master. 
Both of these vessels are in this port under registers of the United States of 
America, and have been hitherto enjoying the protection of our government. 

Under'^he present circumstances, and in obedience to the general instruc- 
tions of my government, I deem it my duty to withhold from the two vessels 
above named the protection of the United States, consequently to forbid 
their using in future the flag of the United States of America. Their papers, 
evidencing their former American nationality, which are deposited in my 
office, will be forwarded by me to the government of the United States by 
the first conveyance. 

Consequently^, as no connexion can from this day forth exist between those 
vessels and this consulate, I hereby respectfully request of your excellency 
to make the above determination known to the masters thereof ; and inas- 
much as the crews of those vessels have become entitled to their discharge, 
and to be paid at the office of this consulate the wages and extra wages 
described by law, I have furthermore to request of your excellency that 
you will cause the said crews or such part thereof as may be yet attached 



278 ANNUAL MESSAGE OF THE PRESIDENT. 

to the vessels to be notified of this their right, and the payment of the wages 
that may accrue to each person to be enforced. 

In calling on your excellency for this assistance, I trust that I am asking 
nothing incompatible with the strictest rules of propriety. 

By a prompt attention to the subject-matter of this communication, and 
an early reply thereto, you will confer a favor on the undersigned, who has 
the honor to remain, with considerations of great respect and esteem, your 
excellency's obedient servant, 

THOMAS SAVAGE, 
In charge of the Consulate General, 

His Excellency the Governor, Captain General of Cuba, S^., ifc., SfC. 



Consulate General of the United States of America at Havana, 

September T, 1861. 

Sir: Not having been as yet favored with an answer to the oflScial 
letter I had the honor to address your excellency on the 1st instant, in rela- 
tion to the ship Bamberg and brigantine Allen A. Chapman, I have now 
respectfully to advise that as to-morrow is Sunday, when all vessels in the 
harbor are bound, according to the port regulations, to hoist and keep up 
during the day their national colors, and those vessels will probably show 
their national colors at the peak, I shall be constrained, in this event, to 
call upon his excellency the brigadier captain of the port, and request him 
to cause the said flag to be hauled down. I beg leave to repeat that the 
said vessels, by the act of their commanders in hoisting rebellious flags at 
the fore and main mastheads, have forfeited their American nationality, and 
consequently cannot be permitted to wear the flag of the United States of 
America. 

I avail myself of this occasion to renew to your excellency the assurances 
of respect and consideration with which I am your obedient servant, 

THOS. SAVAGE, 
In charge of Consulate General. 

His Excellency the Governor, Captain General of Cuba, &c.y Sfc., SfC. 



Consulate General of the United States of America at Hava«a, 

September 8, 1861. 

My Dear Sir, and of all my consideration: For the reasons set forth to 
his excellency the superior civil governor and captain general of this 
island in my communications of the 1st and 'Ith instant, I have deemed it 
proper to withhold from the ship Bamberg and brigantine Allen A. Chapman 
the protection of the United States flag, not recognizing them as American 
vessels any longer. As tlie said vessels have our flag hoisted, I find myself 
in the necessity of soliciting of your excellency to order that the same be 
immediately hauled down. And as I must transmit t-o my government b}^ 
the steamer Columbia, which is to sail on the 10th, the papers of the said 
vessels, including the roll, I request of your excellency to place that of 
each of them at my disposal for the purpose. I will on my part furnish 



ANNUAL MESSAGE OF THE PKESIDENT. 279 

yonr office with authenticated copies, that it may possess the requisite 
evidence respecting the crews of both vessels. 

I have much pleasure in repeating myself your very obedient servant, 

THOS. SAVAGE, 
In charge of the Consulate General. 
His Excellency the Brigadier Captain of this port. 

Note. — A notice came on the same day from the captain of the port's 
office, advising that he was absent, and no action could be taken but by 
himself. 



(Translation.) 

MOLINOS, 

Captain OeneraVs country residence, September 8, 1861. 

Sir: An accident, of those which are so apt to occur in public offices that 
have so much business as those of this government, has been the cause of 
the mislaying, without being able to find it, of your communication of the 
1st instant relative to the ship '-Bamberg" and brig "Allen A. Chapman." 
To avoid, therefore, greater delay in answering it, his excellency directs me 
to ask you to reproduce it, with the assurance that immediately you do it 
you will receive a reply thereto, and also to the other representation which 
you make in your second letter of the Tth. 

With this motive, I have the honor of offering to you the assurance of 
ccaisideration with which I am, very respectfully, your obedient servant, 

ANSELMO DE VILLAESCUSA, 
First Chief of Bureau, in the office of the 

Secretary of the Superior Civil Government. 
Thojias Savage, Esq. 

Note. — The above, although appearing in the shape of a private letter, 
came under the seal of the superior government of Cuba. 



[Translation.] 

[seal.] Captaincy or the Port of Havana. 

I have received your polite communication of yesterday's date, in which 
you are pleased to state to me that for the reasons you have thought proper 
to lay before his excellency the superior civil governor, captain general of 
this island, in communications of the 1st and *Tth instant, and that I am 
ignorant of, you have deemed it expedient to withhold from the ship Bamberg 
and brig A. A. Chapman the protection of the United States flag, not recog- 
nizing them as American vessels any longer. 

The said vessels hoisted on yesterday the flag of the United States, be- 
cause they appear at this office as such. And as it is ordained in the port 
regulations that all vessels therein hoist their respective flags, the Bamberg 
and A. A. Chapman put up the American, under which they entered the port, 
and appearing as American. 

I felt great regret that I could not make them haul down their flag as 



280 iJNNTJAL MESSAGE OF THE PEESIDENT. 

ycra requested me on yesterday, owing to the lateness of the time in whicli 
I received your attentive letter, inasmuch as the masters of those vessels 
having asked of me on the preceding day (Saturday) to let them know what 
flag they had to put up on Sunday. I told them clearly that they had to 
hoist the American, being the only one they could put up, as being the same 
they had entered with, as evidenced in this qffice to the present time they 
are such vessels of the United States. 

I have the honor of enclosing the crew lists of said vessels that you call 
for, hoping that you will please furnish certified copies thereof for record in 
this office. You will at the same time be pleased to inform me in what 
situation the said vessels remain after protection has been taken from them 
by the consulate of your worthy charge. 

I have great satisfaction in offering to you the respects of the highest 
consideration. 

God preserve you many years. 

BLAS G. DE QUESADA. 

Havana, September 9, 1861. 

The Consul General of the United Slates. 



Consulate General of the UNrrED States of America at Havana, 

September 10, 1861. 

Sir: I had the honor to receive on yesterday your excellency's polite com- 
munication of the same date, in answer to mine of last Sunday, requesting 
you to cause the ship Bamberg and brig A. A. Chapman to haul down the 
American colors which they were flying. 

The reason why those vessels have forfeited the protection of the United 
States under which they entered this port is, that their commanders on the 
previous Sunday hoisted rebellious flags at their fore and main mast heads, 
thereby showing their hostility to the government whose protection they 
had been enjoying and whose flag covered them. 

In the first part of May last this consulate gave notice that it could not 
give protection to any vessel claiming to be American which hoisted the 
rebel flag, or any part thereof. This was made known to the government of 
the United States, who approved of it, directing the consulate not to recog- 
nize as vessels of the United States any that hoisted any other flag but that 
prescribed by law. 

The masters of the "Bamberg" and "Allen A. Chapman" cannot allege 
ignorance ; they deliberately disregarded the warning given them, and now 
must abide the consequences of their act ; and having no longer the right 
to wear the American, they must remain without any flag to cover them, 
for I do not see that they are at liberty to use the colors of any other nation, 
being unprovided with the requisite papers. 

By the United States registers, which the said vessels had been sailing 
under, the Bamberg is owned by — 

Mr. Henry V. Baxter 10-32 ] 

Mr. James C. Wilner, (master) 2-32 

Mr. Charles Sagory 10-32 \ Of New Orleans. 

Mr B. M. Brown 4-32 

Mr. P. Pages 2-32 J 

Mr. Conrad Charles Maletta 2-32 

Mr. WilHam Tyson 2-32 



I Of New York. 



A:NNUAL. ilESSAGE OF THE PRESIDENT. 281 

The Allen A. Chapman is wholly owned by Mr. Stanislas Plassan, of New- 
Orleans. 

I transmit herewith certified copies of the crew lists of both vessels for 
the purposes of jouv office ; and regretting the trouble I have caused you 
with this annoying afi'air, I renew the assurances of respect and esteem 
with which I am your excellency's obedient servant, 

THOS. SAVAGE, 
7/1 charge of ths- Consulate General. 

His Excellency Brigadier Don Blas G. de Quesada, 

Captain of this Port, Sjv., ^., Sfc. 




ISo. 63.] Consulate General of the United States of America at Havana, 

September 24, 1861. 

Sir: The accompanying documents form the captain general's answer to 
my lasi. communication in respect to the ship "Bamberg" and brig "Allen 
A. Chapman." I leave the matter now in the hands of the department, 
trusting that the course I adopted towards those vessels will be considered 
worthy of your approval. 

The captain general advised me that the Bamberg is to discharge here. 
Such articles as armament and munitions of war will be deposited in the 
government stores, and the rest of the cargo will be entered for consump- 
tion. His excellency invited me to attend the inspection of her cargo, but 
I deemed it my duty to decline the invitation. The ship is now at the wharf, 
It is credited by many that she has since her arrival discharged arms, which 
Lave found their way to the southern ports. Though I have had a species 
of surveillance, nothing has been discovered; and yet I cannot but believe 
that arms, &c., have been taken out of her, not from under the hatches, but 
from places of concealment in the cabin and elsewhere, accessible without 
taking off the hatches. Such things were, of course, not manifested to this 
custom-house. 

I wrote in my last despatch that Captain Laurent, of the A. A. Chapman, 
Bailed for New Orleans in a French war steamer, I now confirm the report, 
and add that he took many letters from here. In all probability he will 
return in the same steamer, bringing powers of attorney for the sale of the 
"Bamberg" and the "Allen A. Chapman." 

F. 0. Sullivan finally did not go in command of the Isilda. A man named 
Emmerson, who belonged to the rebel steamer Sumter, and was prize mate 
on the Joseph Maxwell, went in her as master. Hicks, the midshipman of 
tlie Sumter, and two other gentlemen, formerly of the United States navy, 
went as passengers in the Isilda. 

The United States schooner Nonpareil arrived here yesterday from Key 
West, to fetch despatches of the British commodore. No news from there. 

I have the honor to be, very respectfully, your obedient servant, 

THOS. SAVAGE, 
Vice Consul General. 

Hon. "William H. Seward, 

Secretary of State of the United States, Washington. 



282 ANNUAL MESSAGE OF THE PRESIDENT. 



[Translation ] 

Government, Captain Generalcy, and Delegated Superintendency 

OF the Exchequer of the ever-faithful Island of Cuba. 

I traDsmit to you herewith, duly authenticated, a copy of the report made 
by his excellency the general commanding this naval station, in accordance 
with the opinion of the legal adviser of the same, upon the subject of the 
communication of the 13th instant, wherein you were pleased to answer 
mine of the 12th I fully concur in the opinions given by his excellency 
and pursuant thereto I address, under this same date, her Catholic Majesty's 
minister at Washington, in order that, by an understanding with the gov- 
ernment, may be fixed, in a precise and definite manner, the course which, in 
cases analogous to those of the "Bamberg" and "Allan A. Chapman," should 
be pursued, respectively, by you and by the superior authority of Cuba, 
•fl^hus barren debates will be avoided, and a course adopted consonant with 
the loyalty and harmony which this government always uses in the treat- 
ment of international aflFairs. 

In the meanwhile I will state to you that, for the purpose of exhibiting 
practically my desire of acceding as far as possible to your requests, I have 
made known, confidentially, to the captains that they are not to hoist any 
more the flag of the United States; and they have pledged to the captain of 
tlie port their word of honor not to do it. 

Tills communication should terminate here, inasmuch as I have stated I 
cannot accede in an official form to what is required by yuu, without any- 
thing else being thereby implied, but that I do not believe the moment has 
arrived for the aid of jurisdiction that you solicit. But I cannot allow to 
pass unnoticed two remarks made, respectively, in the communications of 
the 1st and 13th instants, without setting forth in regard to them my manner 
of appreciating them. The first is the relation you find between the cases 
of the "Bamberg" and the "Allan" and the circular, which you say was 
issued by my authority, to the collectors of customs respecting the tolera- 
tion towards the flag of the seceded States. I will frankly confoss to jon 
that I find no connexion or link between the two subjects. In the first tha 
object is not to injure the interests of our national trade, because you already 
understand Spain never could have bound herself to discontinue her com- 
mercial transactions with the south, whatever may be the state of its internal 
relations with the north. In the other the matter in question is that you 
require two vessels to be notified that they shall not use the flag under 
which they entered the port, which was hitherto, and still is officially, 
according to the papers they produced, that of their true nationality. 

The second remark is that my declining to make the notification called 
for might be interpreted as a species of opposition to j^our consular authority. 
Upon this particular I will make only two observations. One is that you 
are well aware that in all questions hitherto occurring the government of 
this island has not spared any means of showing its deference to that of the 
United States, represented by you; examples of which might be adduced, 
which I omit, not to make this writing too long. The second is that such 
opposition could not in any way be supposed, Avhen the subject iu question 
solely is that you yourself wish to cut off vessels which till now have 
belonged to the United States, and have been by you, in conjunction'with 
your government, denationalized, by the fact of taking their papers from 
them. I consider as sufliciently answered the observations you make upon 
the subject, without my entertaining, even remotely, the idea that the con- 
sulate could have doubted for a single moment of the good faith of this gov- 



ANNUAL MESSAGE OF THE PRESIDENT. 283 

ernment, in the same manner that I have not doubted or will ever doubt of 
that which animates you, whose high qualities in all respects I take pleasure 
in acknowledg-ing. 

God preserve j'ou many years. 

F'«=° SERRANO. 

Havana, Septemher 20, 1861. 

The Consul General of the United States in this city 



[Translation.] 

Commandancy General of the Havana naval station, 

Havana, September 15, 1861. 

Most Excellent Sir: The auditor of marine of this station, to whom I re- 
ferred for his opinion upon your excellency's official letter of yesterday ac- 
companyino- the new communication in which the consul general of the 
United States insists on his reclamation relating to the use of the American 
flag by the ship "Bamberg" and brig "Allan A. Chapman," says to me 
under this date as follows: 

"Most Excellent Sir: I insist in considering that the aid of jurisdiction 
which, from the superior authority of the island, the consul of the United 
States again requires in respect to the ship 'Bamberg' and brig 'Allan' 
should be based or justified upon the opposition or resistance of the 
captains of those vessels to the orders and instructions given them directly 
by the consul himself in the circle of his consular functions. And this not 
from respect to the principle of neutrality, which has no application nor 
could be violated in the present case, but because his excellency the 
governor, captain general, is not the medium of communication between the 
consul of the United States and the masters of the vessels of his nation, nor 
has there been committed on board of the ship 'Bamberg' or the brig 'Allan 
A. Chapman' any act which was a disturbance of order or of the peace of 
tlie port, m' which has violated the laws of the country — the only case that 
would justify the officious action of the local authorities against the captains 
and crews of those vessels. It is very true that every government has the 
exclusive right of prescribing the flags that their vessels are to use, and 
which they are not to use; but it is also true that the infraction of the laws 
of a country, while it does not afiect others, is only to be proved in the 
country that made those laws. The ship 'Bamberg' and the brig 'Allan,' as 
the consul himself states, were received in this port as ve^els of his nation 
duly authorized. Both have hoisted the flags of the United Statesat the 
stern, which is the principal place for the national flag; those which are 
said to be used at the same time at the fore and main mast heads have no 
official character or signification. If the use of them on any part of a vessel, 
or for whatever purpose, constitutes a crime in the eyes of the government 
of the United States, it should be tried before the courts of that nation. 
Had the consul limited himself to ask that through the captaincy of the port 
the captain should be ordered not to hoist those flags together with the one 
that denoted their nationality, he could have easily obtained this proof of 
deference to the American flag, and of consideration to his government. 
But in lieu thereof the consul has condemned those vessels to deprivation 
of their legitimate flag — a penalty which constitutes an indefinite embargo 
of the same in this 'port, and a simulated confiscation of the property — a 



284 ' ANNUAE MESSAGE OF THE PEESIDENT. 

penalty that does not affect the delinquent captains, but the owners and 
shippers, who may perhaps have no culpability in the proceedings of the 
former. So summary a proceeding against the property is not in conformity 
to our usages, and every species of confiscation is forbidden by our laws. 
For this reason the consul ought not to deem it strange that the superior 
authority of this island should, hesitate to be officious in a foreign affair 
which is initiated with such grave proceedings on the part of him who has 
in this place the character of commercial agent to protect and support the 
interests of the citizens of the United States, and not the severe office of a 
judge. It is likewise well founded that if there is responsibility involved 
in the consul's action, it belongs solely to the government of his nation to 
demand it of him; but for the same reason his and his only should be the 
responsibility; and the consul should not unnecessarily demand the foreign 
assistance, as the authority rendering it might find itself involved therein. 
The apprehension of being disregarded by the captains is not a sufficient 
reason to justify that assistance, which, being extemporaneous, would have 
a character of officious and voluntary. As the consul has already referred 
the solution of this affair to Washington, transmitting the registers of the 
'Bamberg' and the 'Allan,' ho might await the resolution of his govern- 
ment, which may perhaps save all future difficulty; and to this end it might 
be expedient that his excellency the governor, captain general, should also, 
with a copy of all the communications and reports, bring the subject before 
his excellency the minister of her Catholic Majesty in Washington, in order 
that his excellency may be posted up for the event of any communication 
being addressed to him thereupon by that government, or may avail himself 
of the occasion, should it present itself, of avoiding other reclamations of 
the same nature from the consul, if he deems it expedient, or considers him- 
self authorized therefor. Notwithstanding all that is stated, your excellency 
will be pleased to inform his excellency the governor, captain general, what 
you may deem most proper." 

And in conformity with what is above set forth I have the honor of trans- 
cribing it to your excellency in answer, returning the two documents that 
your official letter refers to. God preserve yotir excellency many years. 

Most excellent sir, in the absence of his excellency the commanding 
general, the 2d in command. 



His Excellency The Governor, 

Captain General of this island. 



MANUEL SIVILA. 



Mr. Schurz to Mr. Seward. 
[Extract.] 



No. 27.] Legation of the United States, 

Madrid, October 9, 1861. 
Sir : 

After having closed our conversation on the Mexican business, I called 
Mr. Calderoii's attention to a report going through the American and Euro- 
pean press that Spain was about to recognize the independence of the 
Southern Confederacy and to break up the blockade of our southern ports. 
I added that it was impossible for me to believe that Spain could entertain 
any such intentions, and inquired whether anything had occurred to give 
rise to such a rumor. 



AXNUAL MESSAGE OF THE PEESIDENT. 285 

Mr. Calderon replied with the strongest protestations of good faith and 
friendship towards the United States. He assured me that nothing could 
be further from the intentions of her Majesty's government than to depart 
from the policy indicated in her Majesty's proclamation of neutrality. But, 
he added, there are things — and, interrupting himself, he asked me whether 
I had not, within the last two days, received despatches from my govern- 
ment. I answered in the negative. Then he went to his desk and took out 
a paper, which turned out to be a copy of your despatch (No. 30) addressed 
to me, bearing date September 18. This despatch, as he said, had been 
communicated by you to Mr. Tassara, and Mr. Tassara had sent it to him. 
He handed it to me, and you may well imagine that I was somewhat dis- 
agreeably surprised. Instead of my communicating this despatch to him, 
he communicated it to me, and I found myself obliged to confess that I had 
not the least official knowledge of a matter to which, according- to the con- 
tents of the despatch, my government attached the highest importance, 
Mr. Calderon informed me that he had received the document the day before; 
that he had at once inquired whether any report had been sent in by the 
captain general of Cuba; and that, there being none, he was not prepared 
to give an answer to your despatch. I replied that I would not ask for an 
answer until I should have received the original of your instructions and 
the reports of our consular officers on the Island of Cuba; that as soon as I 
should be in possession of these documents, I would lay them before him, 
and then discuss the matter with him in all its bearings. He replied that 
this would be agreeable to him, but that it would be impossible for him to 
give a definite answer without having heard from the captain general of 
Cuba. 

I am, sir, with the greatest respect, your obedient servant, 

C. SCHURZ. 
Hon, William H. Seward, 

Secretary of State, Washington, D. G. 



Mr. Schurz to Mr. Seivard. 
[Extract.] 



No. 30.] Legation of the United States, 

3Iadrid, October It, 1861, 

Sir : After having waited for the arrival of your despatch No. 30 until 
yesterday, I deemed it necessary to make an effort to obtain an answer from 
Mr. Calderon as to the general merits of the case. I therefore called on Mr, 
Calderon yesterday, and have the honor to transmit a report of our conver- 
sation. 

I noticed, in the course of that conversation, that Mr. Calderon, although 
he denied the receipt of official communications from the captain general of 
Cuba, seemed to be well informed of what had happened there, while I had 
no other knowledge of the facts referred to in your despatch than a general 
impression gathered from newspaper statements, which, in this case, had 
been distressingly indefinite and contradictory. 

You will notice that, in my conversation with Mr. Calderon, I confined 
myself entirely to putting questions, partly because I was ignorant of what 
actually had happened, and partly because I consider it impolitic, under 
present circumstances, to join issue with foreign governments on things 



286 ANNUAL, MESSAGE OF THE PEESIDENT. 

which may or may not happen. The latter is especially applicable to the 
case under consideration, 

* * ^ 5k ^ jM jJ: ^ ^ . 

I am, sir, your obedient servant, 

C. SCHURZ. 
Hon. William H. Seward, 

Secretary of State, Washington, I). C. 



'Memorandum of a convei'sation between Mr. Calderon CoUantes and Mr. Schurz 

on October 16, 1861. 

Mr. Schurz informed Mr. Calderon that the original of Mr. Seward's despatch 
[No. 30,] a copy of which had been forwarded by Mr. Tassara to him, (Mr. 
Calderon,) had not reached the American legation, and that he was therefore 
unable to lay before Mr. Calderon the reports of the consular officers of the 
United States alluded to in the despatch; but that he considered it important 
that a matter which was so apt to lead to disagreeable consequences should 
be promptly disposed of, and that he therefore requested Mr. Calderon to 
state the views of the Spanish government in a general manner, even if it 
was impossible, in the absence of special information, to judge of the exuct 
merits of the cases which had occasioned Mr. Seward's despatch. 

Mr. Calderon replied that he had received no official communication on this 
subject from the captain general of Cuba, but that he was prepared to make 
the following statement: 

Spain had followed, in relation to vessels coming from the ports of the so- 
called Southern Confederacy, the same rules of action which she had adopted 
in the case of vessels clearing from the ports of the kingdom of the Two 
Sicilies after the assumption of royal authority in that kingdom by King 
Victor Emanuel. It was well known that Spain had not recognized the so- 
called kingdom of Italy, and that the consular agents of King Francis I 
were still exercising their functions in the Spanish ports. Nevertheless, 
Spain did not oblige the masters of vessels arriving in Spanish ports from 
the ports of the kingdom of Naples to submit to the authority of the consuls 
of Francis I, but permitted them to address themselves either to these or to 
the consular officers of King Victor Emanuel, as they saw fit. But this per- 
mission given to vessels coming from the Neapolitan ports to transact their 
business with the consuls of Victor Emanuel was by no means intended to 
imply a recognition of the Italian kingdom; for Spain recognized in the 
kingdom of the Two Sicilies no other authority as lawful and legitimate 
than that of King Francis I. 

In like manner it was permitted to vessels coming from the ports now 
under the control of the so-called Confederate States, upon their arrival in 
Spanish ports, to address themselves to the consular authorities of the 
United States, if they saw fit to do so; but, as in the case of vessels coming 
from Neapolitan ports, Spain did not think proper to oblige them to do so. 
This practice, however, was by no means intended to imply, in any manner, 
a recognition of the so-called Confederate States as an independent nation. 

But in the case of these vessels the action of Spain was still more justi- 
fiable than in the case of the Neapolitan vessels. The government of the 
United States was, with its naval forces, blockading the southern ports, and 
it was their business to see to it that no vessels should escape from the ports 
thus guarded. It could not be expected of Spain to supply the deficiencies 
of the maritime police of the United States, nor was it reasonable to expect 



AJSTNUAL MESSAGE OF THE PEESIDENT. 287 

that she should turn away from her ports vessels engaged in ordinary peace- 
ful commerce, and which had not been able to obtain regular papers even if 
tliey had wanted to do so. Nor could Spain oblige such vessels by force to 
submit to the authority of the consular officers of the United States. Spain 
was acting solely with a view to the protection of her commercial interests, 
and nothing else. 

Mr. Schurz replied that the only ground upon which such proceedings could 
legitimat(!ly be placed was that of necessity, and asked Mr. Calderon whether 
tliis was the ground taken by the government of Spain. 

Mr. Calderon replied that it was. It was nothing but an ex necessitate 
proceeding, and that as soon as that necessity ceased the Spanish govern- 
ment would cease to follow that rule of action. 

Mr. Schurz asked whether the Spanish government would admit into its 
ports vessels without papers regularly issued by the authorities of the United 
States as soon as the authority of the government of the United States 
sliould be re-established in the southern ports. 

Mr. Calderon answered that they would not, because then the necessity 
woixld cease. But he would not admit the ground taken by Mr. Seward in 
bis despatch, that the admission of vessels without regular papers under the 
actual state of things depended on a "concession" on the part of the gov- 
ernment of the United States, which might be granted or withdrawn at 
pleasure. The Spanish government claimed a right to adhere to its rule of 
action as long as the necessity existed. But he protested most emphatically 
against the construction placed upon this rule as implying a recognition of 
the so-called Confederate States; the government of Spain did not think of 
taking such a step and of interrupting the friendly relations existing between 
the two countries, the preservation of which was undoubtedly considered 
important by the United States, and had always been sincerely desired by 
Spain. 

Mr. Schurz replied that, as to these peaceful relations, the United States 
desired to preserve them with equal sincerity, not because they were afraid 
of a conflict, but because they loved peace. He added that if Spain in this 
case followed an established policy, founded on precedent, he did not wish 
to carry the discussion further at present, especially in the absence of all 
reliable information as to the recent occurrences in the ports of Cuba; but he 
wished to say that while the United States would set up no unreasonble 
pretensions, any act on the part of a foreign government which might be 
justly interpreted as a recognition of the independence of the States now in 
rebellion against the legitimate government of the North American republic 
would necessarily and inevitably lead to a rupture. 

Mr. Calderon repeated that no such intention was entertained by the gov- 
ernment of Spain, which entertained none but friendly feelings towards the 
United States. He informed Mr. Schurz that he was about to address a 
despatch on this subject to Mr. Tassara, which the latter would be instructed 
to read to Mr. Seward. 



Mr. Schurz to Mr. Seivard. 



No. 33.] Legation of the United States, 

Madrid, October 20, 1861. 
Sir: Last night I called upon Mr. Calderon, for the purpose of reading to 
him the memorandum of our conversation of the 16th instant. After having 
suggested some additions, which were forthwith incorporated into the report, 



288 ANNUAL MESSAGE OF THE PRESIDENT. 

he approved it as correct. He informed me that he had meanwhile received 
an oflScial communication from the captain general of Cuba on the occur- 
rences which had occasioned your despatch No. 30, and that he would read 
it to me at our next interview. He wanted to prove to me that the Spanish 
government had acted with entire fairness and loyalty in this transaction, 
I informed him that the London "Times," of October 16, contained the fol- 
lowing telegraphic despatch: 

" There are several vessels loading ammunition at Havana for the con- 
federates." 

And asked him whether he knew anything of this, 

Mr. Calderon exclaimed at once, with great warmth: "That is impossible; 
it cannot be true. This would be a violation of the royal decree of the 17th 
of June, and will never be tolerated. General Serrano cannot have per- 
mitted this." 

I replied that I was happy to hear him express his opinion so unequivo- 
cally and emphatically; for it would be impossible for the government of the 
United States to look on quietly while the Cuban ports were used as war 
depots for the rebels. 

Mr. Calderon assured me repeatedly that this telegraphic despatch would 
most certainly turn out to be unfounded, and reiterated in very strong 
language the assurance of the loyal and friendly feelings of the Spanish 
government towards the United States, and of its firm determination to ad- 
here faithfully to the principles laid down in the royal decree. 
I am, sir, with high respect, your obedient servant, 

C. SCHURZ. 

Hon. William H. Seward, 

Secretary of State, Washington, D. G. 



Acting Secretary of State to Mr. Schurz. 
[Extract.] 

No. 46.^ Department of State, 

Washington, November 5, 1861. 

Sir: Your despatch of September 2 (No. 13) was duly received. 
******* 

I am gratified to learn that the public opinion around you is less injurious 
than formerly. I trust that it is the beginning of a better understanding in 
Europe of the real character and determination of the American people, 
I am, sir, your obedient servant, 

F. W. SEWARD, 

Acting Secretary. 
Carl Schurz, Esq., SfC., SfC., SfC., Madrid. 



Acting Secretary of State to Mr. Schurz. ' 

No. 41.] Department of State, 

Washington, November 5, 1861, 
Sir: Your despatch of September 5 (No. 14) was duly received. It is very 
interesting, and I deeply regret that, owing to its having been accidentally 
mislaid, it failed to receive earlier attention. 



ANNUAL MESSAGE OF THE PEESLDENT. 289 

Spain is engaged in her proceedings against Mexico. The United States 
are repressing an insurrection which, while it has attained formidable dimen- 
sions at home, reveals itself abroad in efforts to instigate foreign intervention. 
While it would be eminently desirable to make new friends, or at least to 
fortify existing friendships with foreign nations, the circumstances are so 
unpropitious as to make us content with averting new misunderstandings 
and consequent collisions. 

You have correctly interpreted to Mr. Calderon Collantes the public senti- 
ment of this country in regard to Spaiti. We not only seek no controversy 
with her, but are desirous to stand in the most friendly relations towards 
her. We are watchful, as we must be, of every fact or circumstance that 
seems to indicate a disposition on her part to favor or encourage the insur- 
rection with which we are contending. We know our ability to maintain 
the integrity of the republic, and we intend to maintain it. We desire 
that when it shall have been completely re-established it shall be found 
that nothing has been done in the meantime by Spain, or by any foreign 
nation, to serve as causes for alienation. We are a peaceful state. Indeed, 
we think that the American Union is the guarantee of peace to the whole 
world. But like every other state we are jealous of our rights, and must 
maintain them. 

Mr. Calderon Collantes could hardly have a better assurance of our desire 
for peace with Spain than the fact, which you might communicate to him, 
that even the unjust and ungenerous strictures of the Spanish press, which 
so naturally and so justly drew out your remonstrance, failed to excite the 
least sensibility on the part of this government. 

This government neither has now, nor is likely to have, any schemes, or, 
indeed, any purpose, of conquest or aggrandizement. It seeks to extend its 
influence throughout this hemisphere and the world, not by the sword, but 
by commerce and by postal communication. It has practically guaranteed 
Cuba to Spain for many years heretofore, and it has no design against that 
possession or any other possession of Spain now; but it will not look with 
favor upon any policy that shall make that island the fulcrum of a lever for 
overthrowing either this Union or the institutions of human freedom and 
self-government which are identified with its existence. 

We want a commercial treaty with Spain, and are willing to adopt a 
liberal principle of reciprocity to secure it; but we shall not urge such a 
measure now, when both parties are too deeply engaged to consider the 
matter with the intense attention necessary to a mutual understanding upon 
points so difficult. 

We should be glad to effect a measure for the adjustment of mutual com- 
mercial claims, but we cannot admit that the Amistad claim has any founda- 
tion in justice or moral right. It is for Spain to refuse to treat with us upon 
this ground if she thinks it sufficient. We can only regret it, and wait for 
her to reconsider the subject. 

I am, sir, your obedient servant, 

P. W. SEWARD, 

Acting Secretary. 

Carl Schurz, Esq., SfC., S^., SfO. 



Ex. Doc. 1 19 



290 AimUAL MESSAGE OF THE PEESmENT. 



Mr. Seward to Mr. Schurz. 

No. 50.] Department of State, 

Washington, November 9, 1861. 

Sir : Your despatch of October 20 (No. 33) has been received. 

I trust that, with the good disposition manifested by Mr. Calderon Col- 
] antes on the occasion you have described, we shall be able to avert serious 
embarrassments of our affairs in the colonies of Spain. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Carl Schurz, Esq., Sfc., SfC, Sfc. 



Mr. Seward to Mr. Schurz. 



No 52.] Department of State, 

Washington, November 11, 1861. 

Sir: Your despatch of October Vl (No. 30) has been received. I am 
surprised at the miscarriage of my despatch No. 30. I have, however, 
directed a copy of it to be sent to you. Mr. Tassara has shown me certain 
explanations made to him by the captain general of Cuba, and I have in 
turn modified the opinion which I had formed concerning his action in rela- 
tion to the matter complained of by the vice-consul general. I do not think 
it necessary to press the subject of my despatch No. 30 under these circum- 
stances. With the gradual action of the government in restoring its au- 
thority at home, I look to see less disposition to treat it with disrespect 
abroad, 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Carl Schurz, Esq., Sfc, Sfc, Sfc. 






ROME. 



Mr. Seward to Mr. King. 

No. 2.] Department of State, 

Washington, April 29, 1861. 

Sir: I am to instruct you what to do, and of course what not to do, as 
resident minister of the United States at Eome. In order to understand the 
wishes and expectations of the President, please consider first the condition 
of Eome, and then the condition of the United States. 

Rome, to a deg-ree hardly comprehended in this country, is protected by 
the veneration of a large portion of mankind for his Holiness as the ex- 
pounder of faith and the guardian of relig'ion. Nevertheless, his govern- 
ment is surrounded by the elements of political revolution. 

The United States are on the verge of civil war. It happens to them now, 
as it happened to ancient Rome, and has happened to many other republics, 
that they must make the trial whether liberty can be preserved while 
dominion is widely extended. What then shall we say or do in regard to 
Rome, or what ought Rome to say or do in regard to us ? 

Assure the government of his Holiness that the President and the people 
of the United States desire to cultivate with it the most cordial and friendly 
relations; that we will not violate the friendship already so happily existing 
by any intervention in the domestic affairs of the States of the Church. 
Assure his Holiness that it is the settled habit of this government to leave 
to all other countries the unquestioned regulation of their own internal 
concerns, being convinced that intrusion by a foreign nation anywhere tends 
only to embarrass rather than aid the best designs of the friends of freedom, 
religion and humanity, by impairing the unity of the state exclusively 
interested. 

What ought Rome to do in regard to the United States ? Just what I 
have thus said they will do in regard to Rome. We could not ask or con- 
sent to receive more, and the government of his Holiness will not propose 
to do less, for he is a friend to peace, to good order, and to the cause of 
human nature, which is now, as it always has been, our cause. 

Let the government of Rome set this example and exercise its great in- 
fluence in favor of a course of natural justice among nations, and the United 
States will still remain at peace with the whole world, and continue here- 
after, as hitherto, to be the home of civil and religious liberty, and an asylum 
for the exiled and the oppressed, 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

EuFus King, Esq., &c., &c., Rome. 



292 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Seward to Mr. Stockton. 

No. 13.] Department of State, 

Washington, April 30, 1861. 

Sir: An instruction, numbered 2, and dated the 29th instant, has been 
addressed to your successor, Mr. King, of which, as it relates to a subject of 
present moment, I have deemed it expedient to send you a transcript, which 
you will find enclosed. It is thought desirable that the views therein 
expressed should be communicated to the Papal government without delay. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
John P. Stockton, Esq., 8fC., S^., Rome. 



Mr. Stockton to Mr. Seward. 



Washington, September 14, 1861. 

Sir: I have the honor to inform you that I left my post of duty on my re- 
turn home on the 6th day of June last. But before doing so, according to 
the tenor of my despatch, (No. 48,) I communicated the contents of the in- 
structions of the department to Mr. King (No. 2) to the government of his 
holiness 

I translated all those points of the despatch which I thought necessary 
into Italian, and left it with his eminence as a memoranda. 1 informed his 
eminence, the seci'etary of state, that although the despatch was addressed 
to my successor, I should be most happy to take charge of a reply, as Mr. 
King- had not yet arrived in Rome. His eminence said that he could not 
know the contents of instructions of the government of the United States to 
Mr. Kiug except privately. Ofiicially Mr. King should be received before 
any communication directed to him could be noticed. It was impossible for 
him to reply; a reply was not appropriate to the occasion. 

I suggested that he could state to me privately his views, which I would 
communicate to the government, although my official position was ended. 

His eminence consented to this, and then said, in substance, as follows: 
He said that the Catholics of the United States, as Catholics, as a church, 
would take no part in the matter; it would not be proper for them to do so. 
As citizens he had no doubt they would all feel a great concern at our in- 
ternal dissensions. He added, you are aware that the government of his 
holiness concerns itself mainly in spiritual matters, but we are the support- 
ers of law and order everywhere. He said he regarded the United States 
as a great and free country, and he hoped that I would be assured that the 
kind sentiments of our government to the Holy See were appreciated and 
reciprocated. 

I do not pretend to give either the words or a verbal translation of the 
expressions of his eminence, but I am sure that I have fairly stated the sub- 
stance of the conversation. 

Perhaps it is not improper for me, in concluding my mission, to say that 
I parted from his holiness with a profound sense of the kindness and conside- 
ration I had always received from him, and with sentiments of the highest 
regard and esteem for his character. 

I have the honor to remain, very truly yours, 

JOHN P. STOCKTON, 
Late United States Minister at Rome. 

Hon. William H. Seward, 

Secretary of State. 



RUSSIA. 



Mr. Seward to Mr. Clay. 

No. 3.] Department of State, 

Washington, Mmj 6, 1861. 

Sir : Nations, like individuals, have three prominent wants; first, freedom; 
secondly, prosperity; thirdly, friends. 

The United States early secured the two first objects by the exercise of 
courage and enterprise. But, although they have always practiced singular 
moderation, they nevertheless have been slow in winning friends. 

Eussia presents an exceptional case. That power was an early, and it 
has always been a constant friend. This relationship between two nations, 
so remote and so unlike, has excited much surprise, but the explanation is 
obvious. 

Eussia, like the United States, is an improving and expanding empire. 
Its track is eastward, while that of the United States is westward. The two 
nations, therefore, never come into rivalry or conflict. Each carries 
civilization to the new regions it enters, and each finds itself occasionally 
resisted by states jealous of its prosperity, or alarmed by its aggrandize- 
ment. Eussia and the United States may remain good friends until, each 
having made a circuit of half the globe in opposite directions, they shall 
meet and greet each other in the region where civilization first began, and 
where, after so many ages, it has become now lethargic and helpless. It 
will be your pleasing duty to confirm and strengthen these traditional rela- 
tions of amity and friendship. 

Assure his Imperial Majesty that the President and the people of the 
United States have observed with admiration and sympathy the great and 
humane efforts he has so recently made for the material and moral improve- 
ment of his empire by the extension of telegraphs and railroads, and by 
removing the disabilities of slavery. 

Make it your duty to inquire whether the sluggish course of commerce 
between the two nations cannot be quickened, and its volume increased. 
Eussia is capable of receiving cotton and tobacco from us in much larger 
quantities than we now send. The former is not a staple of that country, 
and although it produces tobacco, yet not of so high a quality as that which 
we send abroad, and of which Eussia consumes more than any other nation. 

We can well receive from that country increased quantities of hemp and 
flax, tallow, and other productions in exchange. 

Eussia is liberal to our inventors, engineers, and machinists ; but vicious 
adventurers too often abuse this generous encouragement by fraudulent 
practices. See if you can devise a plan for correcting this evil. I suggest 
tliat it might be done by efiecting free interchange of newspapers and scien- 
tific journals. 

A Eussian landing at New York can cross this western continent without 
once being required to exhibit a passport. Whj'- will not Eussia extend the 
same hospitality to us, and enable the American citizen, when he debarks at 
Eevel, to cross the eastern continent in like manner unquestioned. The 
American abroad is not more than the Eussian a propagandist, and while 
Eussia pursues the general policy of the present reign it can have nothing 
to fear from American influences. 

In another paper which accompanies this your attention is especially di- 



294 ANNUAL MESSAGE OF THE PKESIDENT. 

rected to the subject of amendments of the international code of maritime 
law in reg'avd to neutrals, proposed in 1856 by the congress which was then 
sitting at Paris, of which body Russia was a member. 

If nations were now, as in ancient times, morally independent and unsocial, 
the President would not have occasion to address our representatives in 
Europe on the painful events which are subjects of intense solicitude at 
home. But the world has, in a measured degree, become one commonwealth. 
Nations favor or discourage political changes in other nations, and exercise 
influences upon their success and fortunes, sometimes from interest, some- 
times from sympathy, and sometimes from caprice. 

Although this general fact is so well understood, yet the President indulges 
so uncompromising a sense of the national dignity and honor, that he, never- 
theless, would not suffer a word on the subject to escape from the lips of one 
of our ministers abroad, if our discontented fellow-citizens who have raised 
the standard of insurrection had not sent out their agents to propitiate 
foreign powers and engage their co-operation in the desperate attempt they 
are making to overthrow the institutions and the liberties of the American 
people. 

You will, of course, meet such agents in Russia, They have some advan 
tages in Europe of which you should be warned. 

What is now the insurrectionary party in the United States has been for 
near forty years, and until the fourth day of March last, the dominant party 
in the administration of this government. It has acquaintances and friend- 
ships in high places there, the growth of long intercourse in foreign courts, 
with the prestige of political authority. The late minister to Russia re- 
turned, however, to be the governor of South Carolina at the moment when 
that State was in the very act of inaugurating the present revolution. 

When those agents shall present themselves at St. Petersburg, his Impe- 
rial Majesty, before granting them a hearing, will naturally address himself 
to you, and will ask you: What is the cause of this revolution? What is 
its object? Why does the government resist it? What is the present con- 
dition of the revolution, and what are its prospects ? What are the probable 
consequences of its success, or of its failure? And, finally, what does the 
the President desire or expect from his Imperial Majesty in regard to it ? 

The President will not forget, nor will he allow you to forget, that he is 
the magistrate of the insurrectionary, as he is also of the loyal States, and 
in all his dealings concerning the plottei's, aiders, and abettors of this great 
conspiracy he will constantly remember that the people in whose name they 
act, and whose power they abuse, are still citizens of the republic. He be- 
lieves, however, that you may answer all the questions thus contemplated 
without compromising the impartiality of this government, or the dignity 
and honor of the federal Union. 

As to the cause of the revolution, you will inform the Russian government 
that African slavery was found existing in nearly all the States, when, sev- 
enty years ago, they met, and by a written Constitution established that 
Union. It was expected that under the operation of moral, social, and po- 
litical influences then existing the practice of slavery would soon cease. 
The foreign slave trade was adopted to favor that end, while the vacant 
common domain which lay between the Alleghany mountains and the Mis- 
sissippi river was shut up against slavery by legislation then believed to 
be effective and eternal. 

Cotton soon afterward became an object of great commercial demand; the 
soil and climate of those States of this Union which are situate near and 
upon the Gulf of Mexico were favorable to its growth, and African slave 
labor existed therein practically to the exclusion of the labor of free white 
men. 



ANNUAL MESSAGE OF THE PRESIDENT. 295 

The raising of slaves of the African race to supply the wants of the cotton 
growing States became a prominent economical interest in the grain and 
tobacco growing States adjacent to the former class of States. The interest 
of slavery became at once the basis of the policy, and even of the polity of 
these two classes of States, and by political, social, and commercial con- 
nexions those interests secured a strong and even controlling influence 
throughout the whole Union, and even in all foreign commercial countries. 
This interest of slavery was jealous and apprehensive of danger from the 
growth of the democratic element of free white labor, which all the while has 
been constantly augmented by native increase and immigration from Europe. 

The several States in the Union, whatever be their population, enjoy equal 
representation in the Senate. Congress may, and from manifest causes must, 
admit new States into the Union. The slave holding interest naturally de- 
sired to extend slavery and multiply slave States. The free States neces- 
sarily desired, as they constitutionally might, to prevent the extension of 
slavery in regions where it did not exist or had been abolished, and so to 
multiply free States. 

The acquisitions of new domain by purchases from France, Spain, and 
Mexico, to be the seat of future States, opened a wide theatre for this con- 
test, and the contest itself by degrees came to be a chief feature in the de- 
bates of Congress, and in the canvasses of the popular elections. 

The interest of slavery was consolidated and compact in the slave States, 
and acquired great power by threatening that if overruled those States 
would secede and dissolve the Union, which the free States traditionally, as 
well as justly, regarded as fatal to the prosperity, safety, and happiness of 
the whole American people. Statesmen of all classes and all parties, on 
that ground, coiitinually conceded, and Congress and the judiciary constantly 
compromised with the slave interest, in opposition to steadily advancing 
popular convictions of right, duty, and patriotism, until at last all legal 
barriers against the extension of slavery were, in one way or in another, 
thrown down. Transactions so unnatural roused the interest opposed to 
slavery to renewed effort in the popular election of the last year, and that 
election resulted in the choice of the present incumbent for the office of 
President of the United States, although without a majority of either house 
of Congress identified with this interest. 

The party of slavery, which had thus, for the first time, been distinctly, 
though not completely, unsuccessful in a popular election, instantly, and 
four months before the constitutional period assigned for the inauguration 
of the new President, took an appeal from the verdict of the people, rendered 
through the ballot-box, to the sword, and organized a revolution with civil 
war. 

Such was the cause of the revolution. Its object is to create a nation 
built upon the principle that African slavery is necessary, just, wise, and 
beneficent, and that it may and must be expanded over the central portion 
of the American continent and islands without check or resistance, at what- 
ever cost and sacrifice to the welfare and happiness of the human race. 

The government of the United States resists this revolution for reasons 
too many to be hastily set forth. 

It is absolutely unnecessary. All existing interests of slavery are pro- 
tected now, as heretofore, by our federal and State constitutions, sufficiently 
to prevent the destruction or molestation of the institution of slavery where 
it exists, by federal or foreign intervention, without the consent of the par- 
ties concerned. The policy of fortifying and extending slavery in regions 
where it has no existence is injurious, vicious, and eminently dangerous to 
our own country and to mankind. 



296 ANNUAL MESSAGE OF THE PRESIDENT. 

Dismemberment of the Union, however effected and for whatever cause, 
would be destruction of the safety, happiness, and welfare of the whole 
American people, and would, by its influence, render the present establish- 
ment of any popular form of government impracticable in an age and in a 
region where no other than just such a form of government is known or 
could be tolerated. 

The condition of the revolution is this, namely: In the United States the 
people always exercise a direct and potential influence upon the government. 
They were at first incredulous of the fact that a revolution so unnecessary, 
so unnatural, and so fatal, was seriously intended. They saw it move 
steadily on, but were beguiled by the appeals of mediators, who proposed 
at once to avert disunion and to prevent the calamity of civil war. The 
government was temporarily demoralized by the presence of the conspirators 
in controlling numbers in the administration, in Congress, in the army, in 
the navy, and in every department of the public service. But at last, when 
it became clearly revealed that nothing less than subversion of the federal 
republic would satisfy the insurgents, and that the forbearance and modera- 
tion of the government towards them were abused to the purpose of pre- 
paring a deadly and desolating war, the loyalty of the people suddenly 
awakened; the government, sustained by popular enthusiasm and energy, 
has put forth all the necessary power; the revolution has at once been 
checked, and it is no longer doubtful that it will be promptly and effectually 
suppressed. 

It had its origin in disappointment; and it depends for continuance only 
on popular passions, the occasion for which has passed awa}^, while such 
passions are not in harmony with the character, sentiments, and habits of 
the American people. 

When it shall be seen, as it soon will be, that the effort to overthrow the 
government is hopeless, the misguided citizens who have joined themselves 
to the revolutionary standard will resume their accustomed habits of reason 
and reflection, and the Union, having surmounted a new and formidable 
danger, will be stronger than ever before. 

What would be the consequences of the revolution if it could be successful ? 
The answer is obvious. At first, division of this great and hitherto peaceful 
and happy country into two hostile and belligerent republics. Later, a 
resolution of each of those two republics into an indefinite number of petty, 
hostile, and belligerent States. Local jealousies, continually agitated, would, 
early or late, be aggravated by the horrors of a servile war, filling the whole 
country with desolation. The end would be militarj^ despotism, compelling 
peace where free government had proved an absolute and irretrievable 
failure. 

The equilibrium of the nations, maintained by this republic, on the one 
side, against the European system on the other continent, would be lost, and 
the struggles of nations in that system for dominion in this hemisphere and 
on the high seas, which constitutes the chief portion of the world's history 
in the eighteenth century, would be renewed. Tlie progress of freedom and 
civilization, now so happily inaugurated, would be arrested, and the hopes 
of humanity which this the present century has brought forth would be 
disappointed and indefinitely postponed. 

What will be the consequences of the failure of the revolution ? The con- 
tinuance of the country in the happy career that it has pursued so auspiciously, 
to the repose of nations and to the improvement of the condition of mankind. 

What does the President require or expect from the Emperor of Russia ? 
That sovereign is expected to do just what this government does in regard 
to Russia and all other nations. It refrains from all intervention whatever 
in their political afiairs; and it expects the same just and generous forbear- 



ANNUAL MESSAGE OF THE PRESIDENT. 297 

ance in return. It has too much self-respect to ask more, and too high a 
sense of its rights to accept anything less. 

The high character of the government of Russia warrants these moderate 
and just expectations. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Cassius M. Clay, Esq., d:c., &c., &c. 



Mr. Appleton to Mr. Black. 

[Extract.] 



No. 12.] Legation of the United States, 

St. Petersburg, December 31, 1860, {January 12, 1861.) 

Sir: 

Here, as elsewhere in Europe, the late agitations in the United States, which 
have followed the election of the republican candidates for President and Vice- 
President, have been observed with the deepest interest. The President's 
message was published in full as soon as it was received, together with copious 
comments on it from the leading journals of England and France. A weekly 
letter on American affairs is also published in the St. Petersburg Journal, 
purporting to come from New York, but doubtless made up in London, 
while on the arrival of every steamer from the United States the same 
journal receives by telegraph its most important items of news. Yesterday, 
for example, we had news from New York to December 28. Although the 
intelligence thus far, in reference to the preservation of the Union, has been 
uniformly bad, I think the general belief here is still favorable to some 
amicable adjustment. European statesmen have seen so many violent 
agitations spring up and subside in our country, that they expect to see 
this one take the same course. They cannot understand, moreover, how a 
great government like ours, whose career has been eminently prosperous, 
can be suddenly destroyed without any apparent cause, by the very people 
who are themselves a part of it, and who are daily receiving its benefits. 
They have never seen an American citizen abroad who did not glory in the 
American name, and boast, with honest pride, of our popular institutions. 
They have never seen an American journal either where this same spirit 
was not manifested of satisfaction with the American Constitution, and of 
attachment to the American form of government. Under this government 
they have seen our country advance in population, and territory, and wealth, 
and honor, as no nation on earth was ever before permitted to do, and this 
progress, instead of exhausting its energies, has seemed to them to inspire 
it with new vigor for its future growth. They have regarded it, also, as 
one of the striking peculiarities of our republic, that while its national 
developments and national glory have been thus marvellously grand, they 
represent, at the same time, an amount of individual advancement and per- 
sonal happiness which can be found nowhere else beneath the sun. They 
cannot persuade themselves that a government thus idolized apparently by 
its citizens, under which these great results have been already worked out, 
and under which still greater results may fairly be anticipated, is really 
about to be destroyed in the midst of its usefulness and by the hands of its 
own people. Still less can they comprehend the method of peaceable seces- 



298 ANNUAL MESSAGE OF THE PEESIDENT. 

sion by which this destruction is sought to be accomplished. They have no 
idea of a government which exists only at the will of a small minority of 
its citizens, or of a revolution in which weakness is permitted to triumph 
over greatly superior strength. They have no sympathy with the idea of 
State secession any more than with the system of negro slavery, and they 
will be slow, therefore, to give back their old confidence in the United States, 
even if the present difficulties there should be happily surmounted, unless, 
indeed, they can understand at the same time that the right of secession, 
which is now so earnestly claimed, has been substantially abandoned through- 
out the country, and is not likely to be again insisted on in any practical 
form. If, however, the existing difficulties shall not be surmounted, and 
under the influence of this doctrine the Union shall be broken up, the result 
will be hailed undoubtedly by the cabinets of Europe as a conclusive proof 
of the instability of popular institutions; and the destruction of the Ameri- 
can government will be a calamity, therefore, not only to those who enjoy 
its benefits at home, but to those oppressed people also in the Old World, 
whose hearts are now cheered by the knowledge of its existence, and whose 
eyes are turned daily towards it for support and consolation. Yet those 
governments on this side of the Atlantic, who have looked to our republic 
as the only maritime check in the world upon Great Britain, will not be 
quite satisfied to see this counterpoise disappear, and that haughty power 
restored to its old position of mistress of the seas. 

The great events which are now in progress in the United States will con- 
tinue to be regarded, therefore, with the deepest interest throughout Eu- 
rope, until they shall have reached their end. In the meantime I cannot 
describe to you the painful anxiety with which those Americans who are 
abroad await now the arrival of every mail from home. Amidst the wars 
and convulsions of Europe we have been accustomed to look towards the 
great republic as the assured and constant abode of tranquillity and happi- 
ness, and we have rejoiced always in the conviction that, by our right of 
citizenship there, we possessed a title and an honor which, making each 
American himself the equal of a king, could receive no added dignity from 
any royal order or imperial decoration. We have all had the happy conscious- 
ness, moreover, that when our duties abroad should be closed we had a 
countr}'^ to return to, where we should find safety for our lives and property, 
and numerous avenues wide open to prosperity and honor and happiness. 
To see all this crumbling away before our eyes — our country breaking into 
pieces — our citizenship changing from a glory to a shame — our hopes in the 
future clouded over with doubt — anarchy, possibly, taking the place of good 
government — civil war substituted, perhaps, for peace and harmony — and 
ruin threatened to every valuable interest which man can cherish. The bare 
possibility, I say, of such results as these, deeply painful as it must be to 
our fellow-citizens at home, who yet have the consolation of being able to 
struggle step by step against them, is even more painful to those of us who 
are abroad, and who hear of events only at fixed intervals, without the prepa- 
ration of their gradual approach, and without any power whatever to prevent 
them. Let us hope even yet that the God of our fathers will not permit 
their children to be the instruments and the victims of so vast a calamity, 
but that oil may yet be poured upon the heaving waters, and the ship of 
state may yet outride the storm. I am one of those who have never believed 
that it could be possible to dissolve the American Union. I thought it was 
protected by too much plighted faith, by too many sacred associations in the 
past, by too much admitted usefulness in the present, and by too many 
thick coming glories in the future, ever to be seriously in danger of destruc- 
tion. If in this, however, I have been mistaken, and the earth is really to 



ANNUAL MESSAGE OF THE PRESIDENT. 299 

be shadowed now by the great calamity, may God have mercy upon those 
misguided men by whose folly and wickedness it will have been accom- 
plished. 

Hi * * * * * * * * 

I am, very respectfully, yours, 

JOHN APPLETON. 
Hon. J. S. Black, 

Secretary of State, Washington. 



Mr. Appleton to Mr. Seward. 

[Extract.] 



No. 16.] Legation of the United States, 

St. Petersburg, April 8-20, 1861. 
Sm : The despatch of the department No. 10 and your circular of March 
9th have been received, and I have had several interviews with Prince 
Gortchacow on the subject of them. Although no agent was here from the 
Confederate States, and none was immediately expected, I still thought it 
only prudent that your views in reference to these States should be known 
b}'^ the Russian government, in order that it might be prepared for the ques- 
tion of recognition whenever it should be presented. I, therefore, handed to 
Prince Gortchacow a copy of President Lincoln's inaugural address, and read 
to him, at the same time, such portions of the despatches I have mentioned 
as seemed to me most important, particularly calling his attention to those 
passages which declare the unquestioned legality of the existing government, 
the revolutionar}^ nature ef the movement which had been made against it, 
and the full confidence of the President that the harmony of the Union would 
be soon restored. In support of these views I added such suggestions of 
my own as I thought appropriate, and expressed the hope that our govern- 
ment might receive from Russia, at this crisis, a renewed manifestation of 
that friendly disposition which had always marked tlie intercourse between 
the United States and that empire. Prince Gortchacow replied that the 
question of recognizing the Confederate States was not now before the Em- 
peror, and for the present he did not think it would be. I might assure you, 
he said, that his Majest}' was not unmindful of the friendly relations which 
had so long subsisted between the two countries, and that he sincerely de- 
sired the harmony and prosperity of the Union. It was the only commercial 
counterpoise in the world, he added, to Great Britain, and Russia would do 
nothing, therefore, to diminish its just power and influence. It was only 
frank, however, to say, that while things continued as they were, the com- 
mei'ce between the Confederate States and Russia would not be interrupted. 
There was no blockade of southern ports, and any informality in the papers 
of ships which cleared there would be overlooked. This, he said, was the 
course determined on by England and France, and he understood it was pur- 
sued also by our own government. I told him I had no specific instructions 
on this point, and did not know what rule had been adopted concerning it 
by other nations. It seemed to me, however, that American ships ought to 
carry the American flag and be provided with American papers; and if this 
was not done or, still more, if the American character was repudiated, I 
hardly saw how they could be recognized as American ships. He said there 
were some difficulties certainly in the way, but it was better to overlook them, 
and to receive the ships for just what they were, vessels belonging to the 



300 AliNUAL MESSAGE OF THE PRESIDENT. 

United States, but not provided, in consequence of existing troubles, witb the 
usual evidence of nationalitj^ I said, they might deny that they belonged 
to the United States. 

He replied that this would not alter the fact. They came from ports in 
the United States, and the separation of the Confederate States was not yet 
recognized. The policy, he said, involved no recognition of nationality, but 
was only a concession in aid of commerce. I replied that my only interest 
was to prevent this recognition. We desired to be permitted to work out 
the pending questions in the Union in our own way, and, in our endeavors 
to restore its unity and harmony, we thought we had a right to rely upon 
the friendly aid and co-operation of other nations. He said no nation would 
witness the restoration with more satisfaction than Russia. 

This is the substance of our conversations, and I need hardly trouble you 
with any comments. It is obvious that Russia does not expect to be called 
upon to decide the question of recognition until this decision has been made 
by England and France, and that she expects to find it then of easy solution. 
In the meantime she expresses the hope, which I am inclined to think she 
reallj' entertains, that our difficulties may be amicably adjusted and the 
Union restored to its old harmony and power. In the commercial policy 
which she has adopted towards southern ports she has evidently followed 
the example of Great Britain and France. I ought to add that Prince 
Gortchacow read to me extracts from several letters of Mr. Stoekl, the 
Russian minister at Washington, which indicated that the representatives 
of the three powers there were quite agreed upon this subject. Under 
these circumstances, after stating such objections to the policy as occurred 
to me, I contented myself with the assurance of Prince Gortchakow that it 
was not intended to involve any recognition of nationality. 

I shall take care to inform you promptly of any attempts which may be 
made here " to embarrass or overthrow the republic," and you may rely 
also upon my best efforts to prevent and counteract them. 

I am, very respectfully, yours, 

JOHN APPLETOX. 
Hon. William H. Seward, 

Secretary of State, Washington. 



Mr. Appleton to Mr. Seward. 
[Extract.] 



Legation of the United States, 

St. Petersburg, May 11, (23,) 1861. 

Sir: The circular of the department dated April 20, 1861, indorsing the 
President's proclamation on the subject of blockades and privateering, has 
been received. I have written to our consuls at the different ports of 
Russia, calling their special attention to the subject, and enjoining upon 
them the utmost vigilance to prevent the fitting out of privateers within 
their respective consulates. At Sebastopol, where we have no consul, I 
have written to Colonel Gowen, an American citizen, to the same effect, and 
have asked him to transmit to this legation any information which may 
come to his knowledge on this subject, concerning either ships or persons. 

I have also received the circular of the department dated April 2T, trans- 
mitting, for my information, a copy of the President's proclamation of that 



ANNUAL MESSAGE OF THE PEESIDENT. 301 

date directing' a blockade of the ports of Virginia and North Carolina, in 
addition to that of the ports of the States mentioned in the proclamation of 
the 19 th instant. 

I have the honor to be, &c., 

JOHN APPLETON. 
Hon, Wm. H. Seward, 

Secretary of State, Washington. 



Mr. Seward to C. If. Clay. 

No. 4.] Department of State, 

Washington, May 21, 1861. 

Sir : We have received Mr. Appleton's despatch of the 8th of April, (No. 
16.) The manner in which Prince Gortchacow has expressed himself on the 
subject of the domestic disturbances in our country, and the anticipated 
application of the insurgents for a recognition of their assumed authority, 
is in harmony with the friendly spirit which Russia has always manifested 
towards the United States, and in the main is quite satisfactory. We 
might, indeed, have felt ourselves bound to except to the claim that while 
matters should remain as they were assumed to be when this conversation 
was held, irregularities in the observance of our revenue laws practiced by 
foreign nations would be expected to be overlooked by this government; 
but that question has passed by. We have put our laud and naval forces 
in motion to suppress the insurrection, and have closed the ports which 
have been seized by the revolutionists by a blockade. You may, if occasion 
shall offer, assure the Eussian government that we expect that the unhappy 
disturbance will not continue long, and that peace and harmony will return, 
and the Union be stronger and firmer than ever before. 

Mr. Appleton's judicious and energetic conduct in this connexion is ap- 
proved and appreciated by the President. 
I am, sir, your obedient servant, 

WILLIAM. H. SEWARD. 



Mr. Appleton to Mr. Seward. 

[Extract.] 

No. 18.] Legation of the Untted States, 

St. Petersburg, May 22, {June 3,) 1861. 

Sir: I have the honor to enclose copies, which I have received uncfiScially, 
of two orders of the Russian government which have been recently issued 
for the guidance of its oiScers in respect to the flags and ships of the Con- 
federate States. It will be seen that they conform to what was said to me 
on this subject by Prince Gortchacow in the conversation which I reported 
to the department in my No. 16. I ought to add that every American ship 
which has yet appeared at Cronstadt has shown the American flag and 
claimed the American character. In one case from a southern port the 

papers were not quite regular, but the irregularity was overlooked. 

****** 

****** 
I am, very respectfully, your obedient servant. 



Hon. William H. Seward, 

Secretary of State, Washiiigton. 



JOHN APPLETON. 



302 ANNUAL MESSAGE OF THE PEESIDENT. 



To the commander-in-chief of the port of Gronstadt : 

His imperial highness the general admiral, foreseeing the possibility of 
ships belonging to the southern States of the American Union, which have 
seceded from the United States of North America, arriving at oar ports 
during the present navigation, has directed me to inform your excellency, for 
your guidance, that, according to the opinion of the minister of foreign 
affairs, the flag of men-of-war belonging to the seceded States must not be 
saluted. 

That there may be no obstacle in the way of commerce, merchant vessels 
of the seceded States are to be treated according to the rules acted on by 
us with regard to Italian merchant vessels sailing under the Italian flag; 
i. e., according to the treaties that are at present in force, (commercial 
treaty concluded between America and us December (6,) 10, 1832.) Should 
the crews of vessels belonging to the seceded States not wish to acknowl- 
edge the authority of the consuls appointed by the federal government of 
Washington, then, in case of dispute, they must abide by the decision of 
our local authorities, in the same manner as foreigners whose governments 
have no representatives in our empire. 

General Major GREIG, 
Director of the Chancellery of the Ministry of Marine. 



Circular addressed to the custom-houses on the White, Baltic, Black, and 

Azoff seas. 

By order of the minister of finance, the department of foreign trade pre- 
scriioes: In case any merchant vessels arrive in our ports belonging to the 
southern States of the American Union, the same not acknowledging the 
authority of the government of the United States of America, the said ves- 
sels are to be treated and received as hitherto, according to the treaty of 
1832, should even their ships' papers not be in order, which may occur in 
consequence of the present political condition of the United States ol 
America, 

General Lieutenant PASHKOFF, 
Director of the Department of Foreign Trade. 
SORNIN, Chief of Section, &c. 



Mr. Clay to Mr. Seward. 
[Extract.] 



Legation of the United States, 

St. Petersburg, Russia, June T, 1861. 

Sir: ********* 
I find here your letters Nos. 1, 2, and 3. No. 1, giving me information 
which, if sooner received, would have avoided the necessity of my remarks 
in my last letter personal to myself, as I there find myself advised of my 
right to receive salary from the time of my leaving home to my arrival here 
I need only add that the documents referred to in No. 1 are also received, as 
well as your circular of the 6th May, (printed,) all of which shall receive my 
earliest attention. 



ANNUAL MESSAGE OF THE PEESIDENT. 303 

I found the Emperor absent in the direction of Moscow; and being intro- 
duced by our minister, Mr. Appleton, to the assistant secretary of state, 
Oeneral Tolstoy, (the premier, Gortchacow, now being also absent,) I was 
advised by him to await the return of the Emperor; and I presumed it would 
not be agreeable to the Emperor for me to follow on, so I shall await his re- 
turn to this city. I may add that the secretary gave me a very cordial 
meeting, speaking partly in English and partly in French; assured me of the 
continued feeling of friendship on the part of Kussia for the Union, and his 
hope that the Confederate States ivould not venture an embassy here. In a word, 
I venture to say that the French and Russian Emperors are friendly to our 
Union. 

I have the honor to be your obedient servant, 

C. M. CLAY . 
Hon. W. H. Seward, 

Secretary of State, &c. 



Mr. Seward to Mr. Clay. 
[Extract] 

No. 8.] Department of State, 

Washington, July 8, 1861, 

Sir: Your despatch No. 3, dated June 1, was duly received, and the in- 
telligence of your safe arrival at your destination aiforded us much satisfac- 
tion. 

So also the President is highly gratified with the liberal and friendly sen- 
timents concerning our domestic affairs, expressed to you by Prince Gort- 
chacow. 

I transmit for your confidential perusal a copy of my last despatch to Mr, 
Dayton, on the subject of our proposition to accede to the declaration of the 
congress of Paris. The views it presents will be the guide to your own 
action on that subject, 

I am, sir, &c. 

WILLIAM H. SEWARD. 
C. M. Clay, Esq., &c., &c., &c. 







Mr. 


Clay to Mr. Seward. 
[Extracts.] 


No. 4.] 






St. Petersburg, Russia, June 21, 1861. 


Sir: 








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* 


* 


* * * * 


* 


* 


* 


* * * * 


* 


* 


* 


* * * * 



The Emperor returned from Moscow a few days ago, where, it is said, he 
was engaged in suppressing the insurrections of the serfs. By persuasion 
and arms, as the enemies of the liberation, the proprietors themselves, or 



304 ANNUAL MESSAGE OF THE PRESIDENT 

their agents, were making them believe that they were at once freed from 
all claims of work, &c., and this was done, no doubt, to prejudice the great 
work of the Emperor. But it seems that everywhere the disaffection has 
been subdued, and very strong demonstrations of respect have been, here 
and at Moscow, by the peasants towards the Emperor, warmly exhibited. 

On the 16th (28th) instant I called upon, by agreement. Prince Alexander 
Gortchacow III, minister of foreign affairs to his Majesty the Emperor. He 
received me in a cordial way, shaking hands, and causing me to be seated. 
He led the conversation by saying the Emperor having been advised of my 
arrival, had ordered him to express his continued friendship for the United 
States government ; that he had heard with regret of our civil troubles, and 
hoped the Union a speedy triumph. I responded that no change of admin- 
istration had changed the relations of the United States and Russia, whose 
natural position and traditionary friendship must ever keep them in the 
closest harmony, and that I was ordered by the President thus to express 
myself to his Imperial Majesty ; that I was ordered also to explain at the 
proper time the causes of our difficulties at home ; that at present I would 
only say that the rebel slaveholders made war upon us because, following 
in the wake of advancing civilization, we would not allow our government 
to be longer the propagandist of slavery. I stated how the slave States 
were divided, and my hope that the rebellion would be soon crushed out. 
To this he attentively listened, and responded that he hoped it would be 
most " speedily done." 

Upon my giving him my office copy of the letter of credence, he said he 
would see the Emperor, and let me know at my hotel when I would be re- 
ceived by his Majesty. He also asked after Pickens, my family, and other 
things in a familiar way, when I was dismissed by again shaking hands. I 
have given the substance of the interview, and the words as near as may 
be, in order that you may for yourself draw your own conclusions. * 



According to the rule here, I day before yesterday called upon M. de Tche- 
testcheflf, master of ceremonies. My visit was yesterday returned, and I now 
await further orders from the Emperor as to the presentation, of the which 
I will write you the particulars before sending you this. * * 

Prince Gortchacow having returned my visit, gave me notice that the 
Emperor would receive me on Sunday, at twelve o'clock, the 2d (14th) July, 
at Peterhoflf. So on to-day (14th July) I and my suite, Green Clay, William 
C. Goodloe, and T. Williams, private secretaries, set out at ten a. m. for Pe- 
terhoff by rail, the " geraut" of ceremonies meeting us at the station here, 
and three of the Emperor's carriages meeting us at the depot and taking us 
to the palace. We then witnessed a review of cavalry and infantry by the 
Emperor, and after it was over, at a little after one o'clock, we were sent for 
by the Emperor, and, as my secretary was told by the " master of ceremo- 
nies," who is the regular introducer, I was conducted into the presence by 
Prince Gortchacow, who, though the Emperor spoke (English?) American 
mostly, acted as interpreter as to the set speech, which was in Russian. 

The Emperor received me standing, advancing and saying he was pleased 
to see me. I then went through, very briefly, the usual forms of such 
speeches, adding, that I ventured, by the orders of my government, to say 
further to him that the President of the United States and the American 
people looked with profound sympathy and admiration upon the great re- 



ANNUAL MESSAGE OF THE PRESIDENT. 305 

forms which he was attempting- in his empire, which, without considering 
the philanthropic view of the movement, by building- up a middle class, be 
would add more to the physical power of his country than did Peter the 
Great by consolidation and extension; and that the success of his enterprise 
would, in the estimation of the western nations, place him even above that 
great ruler. 

The Emperor seemed much gratified and really moved by this last remark, 
which he saw was from us a real appreciation of his great undertaking, and 
not an unmeaning compliment. He then said he would respond through 
the prince; and, turning to him, he spoke with very decided earnestness. 
In response to the first part of my address, he repeated the usual words. 
To the last he said, in conclusion, that " so much the more had he hopes of 
the perpetuity of the friendship between the two nations now, that in addi- 
tion to all former ties we were bound together by a common sympathy in 
the common cause of emancipation." I give nearly the exact words. Among 
other things he expressed a very earnest wish that we would speedily 
recover the integrity of the Union, The more formal speech was done 
through the prince; the rest was spoken to me directly in English. He 
asked me what late advices I had; and when I told him how many of the 
border slave States were standing by the Union, he expressed great satis- 
faction. He wanted to know if I thought England would interfere. I told 
him we did not care what she did; that her interference would tend to unite 
us the more; that we fought the south with reluctance; we were much 
intermarried, and of a common history; but that the course of England had 
aroused our sensibilities towards her in no very pleasant manner. The 
Emperor seemed to like my seeming defiance of old "John Bull" very much. 
He wanted to know if I was a relative of Henry Clay, and what was my 
militar}- rank. 1 told him I was only a distant relation of Clay, and that I 
wore the uniform of an American colonel, which rank I had filled in my 
own country. The Emperor then wished that our personal relations would 
advance the national friendship, as our former ministers had so succeeded; 
inquired after Mr. Appleton's health; regretted that he had not seen him 
before his departure; shook hands with me; when I accompanied him into 
the ante-chamber, and introduced to him my three attaches, to whom he 
made pleasant remarks, when, shaking hands once more, he dismissed us. 

I have already made this letter too long; but I cannot conclude without 
saying how much more and more I value the great and inestimable bless- 
ings of our government, and how I trust in God that no compromise will 
be made of the great idea for which we have so long fought, but that 
General Scott, following out the programme of Mr. Lincoln's inaugural, will 
slowly and surehj subdue the rebellion, " stock, lock, and gun-barrel," 
"hook and line, bob and sinker," and that we may be all spared to see once 
more that glorious old banner restored. " Liberty and union, now and for- 
ever — one and inseparable." 

I have the honor to be your most obedient servant, 

C. M. CLAY. 

Hon. W. H. Seward, Secretary of Slate, Sc, Washington, D. C. 



Ex. Doc. 1 20 



306 ANNUAL IVIESSAGE OP THE PRESIDENT. 

Mr. Seward to Mr. Clay. 

No. 9.] Department of State, 

Washington, July 9, 1861. 

Sir: Mr. Appleton's despatch of May 22, (June 3,) No. 18, has been re- 
ceived. 

It contains the orders in admiralty on the subject of the treatment of 
American vessels during the present condition of our internal afiairs. 

The subject seems to call for no special instruction to you, except to 
express to the Russian government the satisfaction which this government 
feels in regard to the conduct and friendly action of the Emperor. 

Mr. Appleton is now with us, and we are deriving much profit from the 
information he gives. We learn your high appreciation of his conduct in 
his mission with pleasure. 

I am, sir, respectful!}', your obedient servant, 

WILLIAM H. SEWARD. 

Cassius M. Clay, Esq., d:c., c&c., dc. 



Mr. Clay to Mr. Seward. 
[Extracts.] 
No. 5.] St. Petersburg, August 3, 1861. 

Wttj •'K ^ T^ 'i* 'f* 'P -T^ 

A few days since I laid before Prince Gortchacow the declaration of the 
seven powers at Paris, April 16, 1856, as you had prepared it. He expressed 
himself favorably inclined towards allowing us to become a party, saying 
that Russia had, in a friendly spirit, in 1856, asked that America and the 
parties not acceding should be exempt from its force; for he desired to see 
the United States flourish as a naval power; * * * 

that he would take the scheme under consideration, and advise me of the Em- 
peror's conclusion. I laid before him also an additional clause, embracing 
Secretary Marcy's proposition: "Private goods of citizens or subjects of 
neutrals, and of belligerents, at sea, not contraband of war, shall not be 
liable to capture." Of this also he spoke favorabh^, but said, as we could 
not enforce it without the accession of the great powers, it should be referred 
to them. I said that there must be a beginning, and that I hoped the Em- 
peror would both accept it and urge it upon the maritime powers. Should 
this advance be made, (and why not ?) it would, most of all, benefit the 
United States; whilst, in agreeing simply to the Paris declaration, we are 
most of all injured. 

Your copy of despatch (No. 21) to Mr. Dayton you will see has just been 
exactly anticipated by me. I put the Paris declaration', "pure and simple," 
for immediate adoption, and reserved the Marcy addendum for future con- 
sideration. No doubt it will be ultimately adopted; for all the nations except 
France, England, and the United States, would no doubt be glad to have 
the commerce of the seas free from the perils of the war navies of these 
great powers. 

3fC !)C 3jC ^ 'f! ^ 

4: Nc :(« 4: * * 

I am, very truly, your obedient servant. 



C. M. CLAY. 



Hon. W. H. Seward. 



ANNUAL MESSAGE OF THE PRESIDENT. 307 

Mr, Seward to Mr. Clay. 

No. 12.] Departhent of State, 

Washington, August 12, 1861. 

Sir: Your despatch of 21st of Juno (No. 4) has been received. The 
account which it gives us of j'our reception by the Emperor of Russia, and 
of the just purposes and friendly wishes expressed by him in relation to the 
United States, is eminently satisfactory. I sincerely hope that the good 
understanding which now exists between the two governments may con- 
tinue. I am sure you need no new instructions to enable you to say that 
we rejoice in the peaceful progress of the means which the Emperor has 
initiated for meliorating the condition of the people of Russia. 

Your suggestions concerning certain modern improvements of rifled 
cannon have been commended to the consideration of the Secretary of War. 

We wait with interest upon j'our negotiation on the subject of the rights 
of neutrals in maritime war, which your despatch leads us to suppose you 
will already have commenced before this communication shall have reached 
St. Petersburg. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Cassius M. Clay, dc, &C., &c 



Mr. Seivard to Mr. Clay. 



No. 13.] Department of State. 

Washington, September 3, 1861. 

Sir: Your despatch of the 3d of August (No. 5) has been received. 

I have been quite well aware that our relations to Great Britain and 
France, in this crisis of our domestic difficulties, are attended by complica- 
tions and dangers w^hich altogether surpass any that we can have to en- 
counter in our intercourse with Russia and other northern European powers. 
We hope and expect to be always in relations of amity and real friendship 
with those powers, and are very willing to negotiate with them, and espe- 
cially with Russia, upon the basis of the declaration of the congress of 
Paris, either with or without the Marcy amendment, though greatly prefer- 
ring that that amendment shall be incorporated into the treaty. 

At the same time, it is well that yon should know that thus far the propo- 
sitions for similar treaties with Great Britain and France have not yet been 
acceded to by those governments. If the imperial government, for any 
reason, prefer to delay acting upon the subject until the decisive results of 
our negotiations with the two other powers named, we shall not expect 3'ou 
to be urgent upon the subject. We simply desire to act justly and candidly 
with all other nations, so as to give them all reasonable guarantees for the 
security of commerce during the continuance of our civil war. This done, 
we can cheerfully abide the coming of events, never doubting for a moment 
the complete restoration of the authority and high prestige of the federal 
Union. 

Your remarks upon the subject of Mexico are very interesting, and they 
will have due weight in forming any determination which the rapid course 
of political events there shall require us to adopt. 

I wish that it were compatible with my many cares at this critical moment 
to impart to each of our ministers abroad a full knowledge of the condition of 



308 ANNUAL MESSAGE OF THE PRESIDENT. 

our negotiations and discussions with all foreign powers. If I could do so, 
you would probably be satisfied that you are laboring under apprehensions 
of some imaginary foreign dangers. But such a proceeding is absolutely 
impossible, and I must be content to advise you, when necessary, of the 
President's wishes in regard to your own mission, and leave you, as to the 
rest, to await ultimate, and yet seasonable, developments. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Cassius M. Clay, Esq., d-c, &c., &c. 



Prince Gortchacow to Mr. De Stoeckl. 
[Translation.] 

St. Petersburg, July 10, 1861. 

Sir: From the beginning of the conflict which divides the L^nited States 
of America j'ou have been desired to make known to the federal government 
the deep interest with which our august master was observing the develop- 
ment of a crisis which puts in question the prosperity and even the exist- 
ence of the Union. 

The Emperor profoundly regrets to see that the hope of a peaceful solution 
is not realized, and that American citizens, already in arms against each 
other, are ready to let loose upon their country the most formidable of the 
scourges of political society — a civil war. 

For the more than eighty years that it has existed the American Union 
owes its independence, its towering rise, and its progress to the concord of 
its members, consecrated, under the auspices of its illustrious founder, by 
institutions which have been able to reconcile union with liberty. This 
union has been fruitful. It has exhibited to the world the spectacle of a 
prosperity without example in the annals of history. 

It would be deplorable that, after so conclusive au experience, the United 
States should be hurried into a breach of the solemn compact which, up to 
this time, has made their power- 
In spite of the diversity of their constitutions and of their interests, and 
perhaps, even, because of this diversity. Providence seems to urge thera to 
draw closer the traditional bond which is the basis and the very condition 
of their political existence. In any event, the sacrifices which they might 
impose upon themselves to maintain it are beyond comparison with those 
which dissolution would bring after it. United, they perfect themselves; 
isolated, they are paralyzed. 

The struggle which unhappily has just arisen can neither be indefinitely 
prolonged nor lead to the total destruction of one of the parties. Sooner or 
later it will be necessary to come to some settlement, whatsoever it may be, 
which may cause the divergent interests now actually in conflict to coexist. 

The American nation would then give a proof of high political wisdom 
in seeking in common such a settlement before a useless efl^usion of blood, a 
barren squandering of strength and of public riches, and acts of violence 
and reciprocal reprisals shall have come to deepen an ab3^ss between the 
two parties to the confederation, to end definitively in their mutual ex- 
haustion, and in the ruin, perhaps irreparable, of their commercial and 
political power. 

Our august master cannot resign himself to admit such deplorable antici- 
pations. His Imperial Majesty still places his confidence in that practical 



ANNUAL MESSAGE OF THE PRESIDENT. 309 

good sense of the citizens of the Union who appreciate so judiciously their 
true interests. His Majesty is happy to believe that the members of the 
federal government and the influential men of the two parties will seize ail 
occasions and will unite all their efforts to calm the effervescence of the 
passions. There are no interests so divergent that it may not be possible 
to reconcile them by laboring to that end with zeal and perseverance in a 
spirit of justice and moderation. 

If, within the limits of your friendly relations, your language and your 
councils may contribute to this result, you will respond, sir, to the intentions 
of his Majesty the Emperor in devoting to this the personal influence which 
you may have been able to acquire during your long residence at Washing- 
ton, and the consideration which belongs to jour character as the repre- 
sentative of a sovereign animated by the most friendly sentiments towards 
the American Union. This Union is not simply, in our eyes, an element essen- 
tial to the universal political equilibrium. It constitutes, besides, a nation 
to which our august master and all Russia have pledged the most friendly 
interest; for the two countries, placed at the extremities of the two worlds, 
both in the ascending period of their development, appear called to a natural 
community of interests and of sympathies, of which they have already given 
mutual proofs to each other. 

I do not wish here to approach any of the questions which divide the 
United States. We are not called upon to express ourselves in this contest. 
The preceding considerations have no other object than to attest the lively 
solicitude of the Emperor in presence of the dangers which menace the 
American Union, and the sincere wishes which his Majesty entertains for the 
maintenance of that great work, so laboriously raised, which appeared so 
rich in its future. 

It is in this sense, sir, that I desire you to express yourself, as well to the 
members of the general government as to influential persons Avhom you may 
meet, giving them the assurance that in every event the American nation 
may count upon the most cordial sympathy ou the part of our august master 
during the important crisis which it is passing through at present. 

Receive, sir, the expression of my very distinguished consideration. 

GORTCHACOW. 

Mr. De Stoeckl, d-c, &c., &c. 



Mr. Seward to Mr. De Stoeckl. 



Department of State, 
Washington, September t, 1861. 

The Secretary of State of the United States is authorized by the President 
to express to Mr. De Stoeckl, envoy extraordinary and minister plenipo- 
tentiary of his Majesty the Emperor of Russia, his profound sense of the 
liberal, friendly, and magnanimous sentiments of his Majesty on the subject 
of the internal differences which for a time have seemed to threaten the 
American Union, as they are communicated in the instruction from Prince 
Gortchacow, and by him read, by his Majesty's direction, to the President 
of the United States and Secretary of State. Mr. De Stoeckl will express 
to his government the satisfaction with which the President regards this 
new guarantee of a friendship between the two countries, which had its 
beginning with the national existence of the United States. 

The Secretary of State offers to Mr. De Stoeckl renewed assurances of his 
high consideration. 

WILLIAM H. SEWARD. 

Mr. Edward de Stoeckl, dc, dc, &c. 



DENMARK. 



3Ir. Seward to Mr. Wood. 
[Extract.] 

No. 2.] Department of State, 

Wanhington, May 1, 1861. 

Sir: The one subject in all our foreign relations which most anxiously 
engages the President's attention is the possible action of other nations iu 
regard to the domestic controversy which is raging within our own borders. 

Parties long ago found it their apparent interest tt) appeal to local interests 
and prejudices, and they have persevered in that policy so far and with such 
effect that masses large enough to control the action of the State authorities 
have at last come to prefer disorganization and disunion, ratlier than to ac- 
quiesce in the will of the majority expressed in conformity with the provi- 
sions of the organic law. 

To a well-balanced mind it seems very strange that a citizen, ever without 
the excuse of intolerable oppression, passes tlie first stage of sedition, for 
it is at that very stage tiiat the malcontent finds himself obliged to seek aid 
from aliens to defeat the equal laws and overthrow the beneficent institu- 
tions of his own country. Sedition in the United States is not merely 
unreasonable, it is altogether absurd. Human ingenuity has never yet de- 
vised, nor can it devise, a form of government in which the individual citizen, 
can retain so large a portion of the natural rights of man, and at the same 
time receive so ample a protection against the dangers which so often 
threaten the safety and even the existence of nations. Nevertheless, an in- 
surrection has broken out here; a pretended government has been constituted 
under the name of the Confederate States of America, and that government 
now has its agents abroad seeking to obtain a recognition of its sovereignty 
and independence. 

It is hardly to be supposed that these agents will visit the capital of Den- 
mark. They will seek the favor of powers supposed to be more capricious 
or more ambitious. Nevertheless political action even of the more command- 
ing or more active States is influenced by a general opinion that is formed 
imperceptibly in all parts of the Eastern continent. Every representative 
of the United States in Europe has, therefore, a responsibility to see that no 
effort on his part is wanting to make that opinion just, so far as the true 
position of afiairs in his own country is concerned. 

It cannot be necessary to discuss at large the merits of the unhappy con- 
troversy. It is sufficient to speak of its nature and its probable result. The 
insurrection strikes at the heart of the nation. The country, so long accusr 
tomed to profound tranquillity and universal loyalty, was slow to believe that 
a parricidal purpose could be contemplated where it felt satisfied there was 
no just cause for serious discontent. Our government is at once a purely 
representative and simply federal one. 

While the insurrection was gathering, the adnn'nistration was practically 
paralyzed by tlic presence, in a very large proportion, of the phjtters and 
abettors of the movement, in what, in Europe, would be called the ministry, 
in the legislative, in the ai'ni}', in the navy, in the customs, in the post office, 
in tlie diplomatic and consular representations abroad. 



312 ANNUAL, MESSAGE OF THE PRESIDENT. 

Seventy years of almost unbrolcen peace had brought agriculture, mining, 
manufactures, and trade to the highest possible state of activity, and the 
people shrunk intuitively from a change of that peaceful activity, for not 
merely war, but needless and ruinous civil war, wliich even threatens to 
take on the revolting character of servile war. 

The insurgents skilfully availed themselves of these doubts and fears, and 
by a course of affected moderation increased them. It seemed as if the 
nation would fall into ruins without even putting forth an effort to pre- 
serve its integrit3^ You could not, therefore, have been surprised at 
finding on your arrival in Europe that the same impression had obtained 
there, and that the Union of these States was assumed, in European circles, 
to be practically at an end. For a time loyal citizens occupied themselves 
with trying how, by compromise, to avert a civil war, rather than to accept 
as inevitable an event so unnatural and so fearful. 

, The crisis, however, came at last, a few days after your departure from the 
country. The insurgents, Avith the force gathered through immense pre- 
parations around a fortress in their own locality, opened a terrible fire upon 
it, to prevent the handful of men, which constituted the garrison, from 
receiving supplies when on the verge of famine, and continued the cannonade, 
though the barracks were in flames, and the brave men, thus imperilled, were 
obliged to abandon defence against assault to save themselves from destruc- 
tion in another form. The defending force consented to a capitulation dis- 
honorable only to their assailants. 

This last and most violent pressure reached at once the very centre where 
the elastic force of the national spirit lay concealed. The government accepted 
the issue of civil war, and sent' forth its appeal to the patriotism of the 
people. Never in any age or country was such an appeal responded to with 
so much promptness, enthusiasm, and resolution; and certainly never did 
anj' nation disclose and offer up at once such exhaustless resources for its 
self-preservation. 

The revolution already is upon the recoil. Its failure is certain. All that 
remains is to see what shall be the measure of the disasters and calamities, 
affecting chiefly the insurgents themselves, which are to be endured before 
they consent to a restoration of peace, and to guarantee the inviolability of 
the Union. 

Friendly nations may for a little time, perhaps, suffer some inconvenience 
from the blockade of the ports of the insurgent States, which this govern- 
ment has found it necessary to set on foot, as they will justly take alarm at 
the announcement that the revolutionary party have proclaimed their pur- 
pose to employ privateers to prey upon the commerce of the country. But 
the embarrassments attending the first measure will be mitigated by the 
etrictncss and efficiency with which it will be enforced, and it will not be 
maintained a day longer than is necessary. Our naval arm is already strong, 
and it will promptly be made stronger, so that the other evil will be, as we 
trust, effectually prevented. ***** 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Bradford R. Wood, Esq., (£c., cfic, dbc. 



A2WUAL MESSAGE OF THE PRESIDENT. 313 



Mr. Seward to Mr. Wood. 

No. 3.] Department of State, 

Washington, May G, 1861. 

Sir : Herewith I transmit a copy of a despatch of the 24th ultimo, which 
has been addressed to the several ministers of the United States accredited 
to the maritime powers whose plenipotentiaries composed the congress at 
Paris of the 16th of April, 1856, calling their attention to the importance of 
endeavoring to negotiate with those powers conventions upon the subject of 
the rights of belligerents and neutrals in time of war. The government of 
Denmark was not represented ifi the Paris congress; but the negotiation of 
a similar convention with that government is considered desirable, and you 
will therefore be governed by the instruction of which I enclose a transcript, 
and endeavor to effect that object. With this view I herewith send you a 
full power and a draft of the proposed convention. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Bradford R. Wood, Esq., Sfc, Sfc, S^c, Copenhagen. 



Mr. Wood to Mr. Seivard. 



No. 2.] Legation of the United States, 

Copenhagen, July 11, 1861. 

Sir: I have the honor to inform the department that, immediately on the 
return of Mr. Hall, the minister of foreign affairs, from Jutland, and by his 
request, I met him on the 10th instant. His reception was frank and cordial, 
and while he alluded to the opiuions held by my predecessor as different 
from mine, he expressed himself decidedly in favor of the administration and 
against the so-called confederates. He also informed me that the King would 
not return to Copenhagen before the last of this month or the beginning of 
next. 

I have the honor to remain your obedient servant, 

BRADFORD R. WOOD. 
Hon. William H. Seward, 

Secretary of State. 



Mr. Wood to Mr. Seicard. 



No. 4.] Legation of the United States, 

Copenhagen, July 19, 1861. 

Sir : I have the honor to inform the department that, in an interview yes- 
terday with the president of the council and minister of state, Mr. Hall, he 
readily acceded to the doctrine of the Paris convention in I'egard to priva- 
teering, though reluctant, in the present state of European affairs, to adopt 
the position of your predecessor, Mr. Marcy. He mentioned the fact that a 



314 ANNUAL MESSAGE OF THE PRESIDENT. 

Danish man-of-war had been sent to the West Indies for the purpose of pre- 
venting: privateering and preserving' the neutrality of Denmark. 

The King is still absent, in Jutland, and my reception as the representa- 
tive of my government by the minister of state, without the formality of a 
presentation to the King, should be considered a compliment to that govern- 
ment. 

I have the honor to remain your obedient servant, 

BRADFORD R. WOOD. 
Hon. WiLUAM H. Seward, 

Secretary of State. 



Mr. Seward to Mr. Wood. 



No. 6.] Department of State, 

Washington, August 1, 1861. 

Sir: Your despatch of the 11th of July last has been received, and the 
President instructs me to say that the explanation of the views of the Danish 
government given to you by Mr. Hall, the minister for foreign affairs, is very 
satisfactory. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Bradford R. Wood, Esq., SfC, ^c, S;o., Copenhagen. 



Mr. Seward to Mr. Wood. 



No. 8.] Department of State, 

Washington, August 22, 1861. 

Sir : Your despatches to No. 5, of the 26th ultimo, have been received. 

From your No. 4 I learn, with much satisfaction, that the Danish govern- 
ment adopts and practices the declaration of the congress of Paris, and I 
trust that nothing is likely to occur to produce any inconvenience afi^cting 
the commerce with Denmark, a power with which we have every desire to 
cultivate the most intimate relations. 

Your admission by the minister to the duties of your mission under the 
circumstances of the absence of his Majesty is accepted by us as a proof of 
the friendly feelings of the government, deserving of especial acknowledg- 
ment. 

The information given in your No. 5, on the subject of the purchase in 
Europe of clothing and arms for the United States, has been communicated 
to the Secretary of War. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Bradford R. Wood, Esq., 8fC., SfC, S^c, Copenhagen. 



ANNUAL MESSAGE OF THE PRESIDENT. 315 



Mr. Seward to 3Ir. Wood. 

No. 9.] Department of State, 

Washington, September 5, 1861. 

Sir: Your despatch of Aug-ust 15 (No. 9) has beea received. 

The affair of the place of deposit for papers of Danish vessels, to which 
you direct my attention, has been already settled in a manner which will, I 
am sure, be entirely satisfactory to the government of Denmark. 

I can well understand the depression you experienced on hearing of the' 
reverse of our arms at Bull Run, and the unfavorable comments on our course 
which this misfortune elicits in Europe. There is, however, no occasion for 
apprehension of an unfavorable issue of the present civil contest. 

Whatever speculations on the subject may be made at home or abroad, 
you may be assured that it is not in our day that treason is to prevail against 
the government in our country, based as it is on the rights of man and his 
capacity for self-government. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Bradford R. Wood, Esq., ^c, SfC, SfV., Copenhagen. 



1 



ITALY. 

Mr. Seward to 3Ir. Harsh. 

[Extracts.] 

No. 3.] Department of State, 

Washington, Hay 9, 1861. 

Sir: I know that you will be welcome at Turin. Count Cavour, a true 
exponent of the sentiments of a generous sovereign, will be rejoiced to 
receive from this country a minister who will not manifest repugnance to 
the aspirations of the Italian people for liberty and unity. The government 
of the United States practices non-intervention in all other countries and in 
the controversies between them. You are at liberty, however, and, indeed, 
ai'e especially charged, to assure his Majesty that he is held in high consid 
oration by the President and the people of the United States. You will 
further assure him that it is a source of sincere satisfaction to this govern- 
ment that Italy seems to be even more prosperous and happy now under 
his government, although enjoying only short respites from revolutionary 
struggles for independence, than it has been at many periods long gone by, 
when despotism shielded that classic region from turbulence and civil com- 
motion. 

You will learn from observation that government, even when its counsels 
are inspired by patriotism and humanity, has its trials and embarrassments 
as well in Italy as elsewhere. How to save the country from the ambitious 
designs of dangerous neighbors on either hand — how to reconcile the national 
passion for freedom with the profound national veneration for ecclesiastical 
authority — how to harmonize the lassitude of society in the Mediterranean 
provinces with the vigor that prevails along the Appenines, and how to 
conduct affairs with so much moderation as to win the confidence of the 
conservative interests, and yet not to lose the necessary support of the 
propagandists of freedom, are tasks witnessed there which will convince 
the American statesman that even in that country the establishment and 
maintenance of free government are attended with difficulties as formidable 
as those which sometimes produce political despondency in our own. 



Since the inauguration of the President it has been my duty to prepare, 
under his directions, instructions to many of our ministers going abroad. 
The burden of them all has been, not the ordinary incidents of international 
hospitality and commerce, which reduce diplomacy to a monotonous routine, 
but the extraordinary and sometimes alarming condition of our own internal 
aflairs, threatened with the complication, most of all to be deprecated, of 
intervention, in some form or other, by European nations. 

This foreign danger arose chiefly out of the deplorable condition of affairs 
at home. The administration found the government disorganized by the 
presence of disunionists of high position and authority in all its depart- 
ments. Some time was necessary to eliminate them before any decisive 



318 ANNUAL MESSAGE OF THE PRESIDENT. 

policy could be adopted. It was, moreover, necessary to forbear from demon- 
strations of federal authority that might be represented as aggressive, to 
allow tlie revolution to reveal its alarming proportions and boldly proclaim 
its desperate and destructive designs. 

It was seen all the time that these needful delays were liable to be mis- 
understood abroad, and that the malcontents would endeavor to take advan- 
tage of them there. The government has, therefore, not been surprised, 
although it has been deeply grieved, to see the agents of the revolutionary 
party, perhaps even with the concurrence of some of our own demoralized 
ministers in Europe, insidiously seeking to obtain from some of its sovereigns 
a recognition of tlie projected treasonable confederacy. 

It has been no easy task to study the sophisms, arts, and appliances which 
they might be expected to use in the highly commercial circles of Belgium, 
Paris, and London. It was nevertheless necessai*y to attempt it, for human 
nature is at least no more moral, just, or virtuous in courts than it is in 
private life. There is no such embarrassment, however, in the present case. 
It often happens that foi-eign observers, if candid, understand American 
questions quite as well as Americans themselves. Botta and De Tocque- 
ville were of this class. 

So Count Cavour cannot be at any loss to understand the present political 
condition of the United States. 

The American revolution of 1176, with its benignant results, was due to 
the happy combination of three effective political ideas: First, that of eman- 
cipation from the distant European control of Great Britain; second, popular 
desire for an enlargement of the political rights of the individual members 
of the State upon the acknowledged theory of the natural rights of man; 
third, the want of union among the States to secure safety, tranquillity, 
aggrandizement, and fame. 

The revolution attempted in 18G1 is a spasmodic reaction against the revo- 
lution of 1176. It combines the three ideas which were put down, but not 
extinguished, in that great war, namely: First, European authority to regu- 
late political affairs on this continent; second, the aggrandizement and 
extension of human slavery; third, disunion, dissolution, anarchy. 

Any impartial thinker can see that an attempt at a revolution so unnatural 
and perverse as this could never have been embraced by any portion of the 
American people, except in a moment of frenzied partisan disappointment; 
that it has no one element of success at home, and that it is even mox'e 
portentous to all other governments than to our own. It is painful to see 
faction stalking abroad in one's native land. But faction is incident to every 
state, because it is inherent in human nature. We prefer, if it must come, 
that it come in just its present form and character. It will perish by simply 
coming to confront the American people, for the first time brought to meet 
that enemy of national peace and safety in arms. The people are aroused, 
awakened, resolute, and determined. The danger is, therefore, already 
passed. We no longer fear — indeed, we hardly deprecate — the disaster of 
civil war brought upon us without fault. We now see that it may be 
regarded as a necessary trial to preserve the perfection of our Constitution, 
and to remove all remaining distrust of its durability and its adaptation to 
the universal wants of mankind. 

I am, sir, your most obedient servant, 

WILLIAM H. SEWARD. 

George P. Marsh, Esq., dbc, etc., Turin. 



ANNUAL MESSAGE OF THE PEESIDENT. 319 



Mr. Seward to Mr. Marsh. 

No. 5.] Department of State, 

Washington, June 21, 1861. 

Sir: Your despatch No. 2, written at Paris May 29, has been received. 

The government not only accepts your exphination of the delay you have 
made on your way to your post of duty, but also appreciates and thanks you 
for the faithful service you have rendered to the country in an important 
crisis by your labors to correct an erroneous public opinion in Europe 
through the use of the press in London. 

We hear with sincere regret and sorrov/ of the death of Count Cavour, a 
statesman honored none the less by the people of this country because the 
theatre of his labors is remote from our own. If it shall seem proper to you, 
you may express these sentiments to his Majesty. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD, 

George P. Marsh, Esq., d-c, &c., &c., Turin. 



Mr. Dillon to Mr. Seward. 

[Extracts.] 



United States Legation, 

Turin, June 10, 1861. 

Sir: Since my communication of the 16th of April last, to announce my 
arrival here the 12th of that month, from my late post, Rio de Janeiro, and 
of my having entered upon the discharge of my duties as charge d'affaires 
ad interim, the event first in order of importance, though not of time, which 
it is my painful duty to communicate, is the sudden death, on the 6th instant, 
of his excellency the Count Camillo Benso de Cavour, late president of his 
Majesty's council and minister of foreign affairs. The count was taken ill 
on the evening of the 29th of May last at his residence, the hotel of his elder 
brother, the Marquis de Cavour, of what proved to be typhus fever. Inju- 
dicious and repeated bleedings at the commencement of the fever, though, I 
am told, at his own instance, hastened the sad event. 

The count was never married. 

Europe still echoes with eulogies to his memory. Among the most 
felicitous and important, as expressing at the same time a political pro- 
gramme, is a leading article in the Constitidionnel of Paris, semi-oflficial, and 
supposed to emanate from the Emperor of the French. I extract a single 
sentence: " S'il y a aujourd' lui dans la peninsule un grand homme de moins 
il y a, grace a Dieu, un grand peuple de plus. Et ce peuple aff^anchi ne sau- 
rait desormais retumber dans la seroitude." In common with my colleagues, 
of the diplomatic corps, I attended the funeral obsequies in the parish 
church of the Madonna degli Angeli the evening of the 7th instant, and the 
following morning the remains were transferred to the burial vault of the 
Cavour family, at Santena, some six miles distant from Turin, there to re- 
main — thus contradicting the reports of the public prints that, in compliance 
with the King's wish, they were to be entombed in the royal basilica of the 
Superga. 

"Exegi monnraentum fere perennius, 
Regalique situ pyrainidum altius." 

St i'i SS O » 



320 AIJNUAL MESSAGE OF THE PRESIDENT. 

Shortly after my arrival, in consequence of the warlike disturbances at 
home, the applications, written and verbal, by disbanded officers and men of 
the late Garibaldian army of Southern Italy, for enlistment into the United 
States army, became so numerous that I would call attention to a card, of 
which I annex a copy, published at my request by his Majesty's government 

in the official paper. 

****** 

The President's proclamations of the 19th and 27th of Ap"! last, received 
at this legation, with the circular from the department, were by me duly 
communicated to his Majesty's government, and printed in extenso in the 

Gazetta Officiale del Regno d'ltalia the 29th of May, 1861. 

****** 

His Majesty has summoned the Baron Ricasoli, a very prominent conser- 
vative member of the chamber of deputies, from Florence, to form a new 
ministry, which, though not yet announced, will, it is thought, be soon com- 
pleted, in continuation of the Cavour policy. 
Mr. Marsh has arrived at Turin. 

I am, sir, your obedient servant, 

ROMAINE DILLON. 
Hon. William H. Seward, 

Secretary of Slcde, Waahington. 

CAED. 

United States Legation, 

Turin, 3Iay 17, 1861. 

In reply to numerous and continued applications to this legation, by letter 
and in person, of foreign volunteers for enlistment in the army of the United 
States of America, the undersigned takes this public means of declaring 
that he has no knowledge, official or non-official, of any instructions of his 
government authorizing any such enlistments out of the United States. 

ROMAINE DILLON, 

Charge d' Affaires, &c. 



Mr. Marsh to Mr. Seward. 
[Extracts.] 



No. 3,] Legation of the United States, 

Turin, June 27, 1861. 

Sir : The interruption of business in the foreign office of this government, 
occasioned by the illness and death of Count Cavour and a week's absence 
of the King, which immediately followed the formation of the new ministry, 
prevented me from obtaining an audience of his Majesty for the purpose of 
delivering my letters of credence until Sunday, the 23d day of this month. 

On that day I was received by the King, and, in accordance with my in- 
structions, convej^ed to him assurances of the high consideration in which 
he is held by the President and people of the United States, and of their 
satisfaction in observing the apparent prosperity and happiness of Italy 
under his Majesty's government. I further expressed the personal gratifica- 



ANNUAL MESSAGE OF THE PEESIDENT. 321 

tion I bad derived from being selected to represent the United States near 
the government of the Italian people — a people which I had long- known, and 
which had always inspired me with deep interest — and especially from the 
honor of being the first diplomate accredited to the first King of Italy. 

His Majesty received these remarks very graciously, using some terms 
personally complimentary to me, testified much respect for the President and 
for yourself, and expressed a strong interest in the welfare and prosperity of 
the United States, as well as much solicitude for an honorable termination 
of the present contest between the government and the seceding States. 

The audience was strictly private, no person but his Majesty and myself 
being present, and the interview was therefore of a less formal character 
than is usual with royal receptions. It is, perhaps, proper to add that the 
communication was conducted in French, which is the usual language of oral 
intercourse between foreign ministers and the sovereign or the heads of de- 
partments at this, court. 

With Baron Ricasoli, the new head of the ministry and minister of foi'eign 
affairs, I have had several interviews, as well before as since my reception 
by the King, and I therefore am not aware that the public interests have 
sustained any detriment by the delay of my official reception. In all these 
interviews American politics have formed a leading topic of conversation, 
and, though Baron Ricasoli speaks with proper caution, the tenor of his re- 
marks leaves no room for doubt that his personal sympathies, as well as 
those of his government, are entirely on the side of tlie President and the 
constituted authorities of the Union in their great struggle. 

The first point which I brought to the notice of the minister of foreign 
affairs was the prevention of movements hostile to the United States in the 
territories of the King of Italy. I stated that I had been led to fear that 
some attempts were making at Genoa to fit out vessels or purchase arms for 
the service of the rebels, and begged that the attention of the local authori- 
ties at Genoa might be drawn to the subject. Baron Ricasoli replied that 
the government would not knowingly permit any such purchases to be made, 
and that he would request the minister of the interior to direct that the po- 
lice of Genoa should be watchful to detect and prevent any negotiations for 
that purpose. 

The suggestions I made to Baron Ricasoli on this subject were founded 
partly on a letter from Mr. H. S. Sanford and partlj'' on vague rumors circu- 
lating here, which I have been unable to trace to any certain foundation, 
though I have made inquiry in all quarters known to me which seemed to 
be probable sources of information. In the course of the last week I em- 
ployed an Italian gentleman, then about to proceed to Geijoa, and whom I 
believe to be entirely trustworthy, to investigate the subject on the spot. 
He is still absent, and as he has not written to me since arrivng at Genoa 
I infer tliat he has made no discoveries. 

I have communicated to Baron Ricasoli the substance of my instructions 
with regard to the proposed convention for the suppression of privateering 
and the exemption of private propert}^ from capture by national ships of war 
. in certain cases. He replied tliat the Italian government had not yet become 
a party to the convention of 1856, and added that the pressure of business 
on his department would prevent his giving immediate attention to the sub- 
ject ; but he expressed no objection to a negotiation on the basis proposed 
in your instructions of the 24th of April, 1861, or even on the broader ground 
of the total exemption of all private property not contraband of war from 
capture at sea by ships of war in all cases. 

The Italian parliament is now in session, and will probably not adjourn 
before the 15th or 20th of July. The cabinet ministers are members, as in 
England, and regularly attend the sessions, which occupy a large part of 

Ex. Doc. 1 21 



322 ANNUAL MESSAGE OF THE PRESIDENT. 

the day. Many important topics are under discussion in parliament, and 
still more weighty questions of domestic and foreign policy are making* 
large demands on the time and absorbing the thoughts of the administration. 
It is, therefore, not probable, as Baron Ricasoli intimated, that he will be 
able to consider the subject of the convention until the adjournment of the 
national legislature shall leave him more at leisure. In the meantime the 
negotiations with the English and French governments on the same subject 
will probably be brought to a close, and the final decision of the Italian 
government will be much influenced by that of England and France. 

The death of Count Cavour, after an illness of a week's duration, and 
which, for the first few days, was not of a threatening character, was a great 
shock to the friends of constitutional liberty and progress, and an occasion 
of much ill-suppressed exultation among the advocates of temporal and 
spiritual despotism throughout Europe, and especially in Italy. To me, per- 
sonally, it is a source of profound regret, both for less selfish reasons and 
because I had special grounds for expecting, more from his often expressed 
high regard for the President and yourself than from any other cause, agree- 
able private and official relations with this great statesman. 

The successor of Count Cavour — and I may apply the same remark to 
most if not all of the members of the cabinet — is a man of a high order of 
talent, of great devotion to the interests of his country, of tlie same general 
doctrines of national policy as his predecessor, and of sincere attach- 
ment to the principles of civil and religious liberty. The remarkable unan- 
imity with which the new cabinet is sustained by the parliament is a 
favorable omen, so far as respects the domestic success of tlie government ; 
and there is some reason to think that the death of a prime minister, who 
was regarded with so much personal ill will by the reactionary party in 
Italy and elsewhere in Europe, may tend to diminish the asperity with 

which his policy has been hitherto opposed by that party. 

***** * 

I am, sir, respectfully yours, 

GEO. P. MARSH. 

Hon. William II. Seward, 

Secretary of Stale. 



Mr. Marsh to Mr. Seward. 
[Extracts] 



No. 5.] Legation of the United States, 

Turin, July 6^ 1861. 

Sir: Having heard a report that Mr. Patterson, consul of the United States 
at Genoa, expects a commission from the Southern Confederacj^ to act as 
consul of the rebel States at that port, I called on Baron Ricasoli yesterday 
morning, and protested against the recognition of Mr. Patterson, or of any 
other person, as a consular agent of the confederacy. 

Baron Ricasoli assured me that, under present cii'cumstances, at least, no 
such agent would be recognized at any Italian port, and he took occasion to 
repeat, in strong language, the expression of his own warm sympath}^ with 
the federal government of the United States, and his earnest hope that the 
present contest between the government and the seceding States would end 
in the re-establishment of the lawful authority of the Union, and be settled 
on terms which would secure the triumph of the principles of freedom, and 



ANNUAL MESSAGE OF THE PEESIDENT. 323 

the ultimate extinction of human slaveiy. He added that, in these expres- 
sions he was speaking the sentiments of his Majesty and of the entire gov- 
ernment of which he was a member. 

I then referred to apprehensions which had been expressed in America of 
the fitting out of privateers in remote Italian ports under the confederate 
flag. He replied that the government officers would endeavor to prevent 
such violations of the laws, but that it would be difficult to exercise a vigi- 
lant supervision over all the remote and unfrequented ports of the peninsula 
and islands, and he advised the appointment of American consuls at points 
favorable for observation along the coasts, as a good means of detecting and 
preventing such movements. 

I had, on the same day, an audience of the Prince of Carignano, wlio 
expressed opinions and feelings similar to those of Baron Ricasoli with 
respect to our present national difficulties, and I may add that every member 
of the government, and almost every gentleman in public life, with whom I 
have conversed at Turin, coincides in these sentiments. 

The favorable sentiments with which the present administration of the 
federal government is regarded bj'" most continental statesmen, are founded 
(independently of the high personal regard felt for the President and his 
constitutional advisers) partly on the opinion that it is sustaining the cause 
of constitutional authority, of the entirety of nationalities and of established 
order against causeless rebellion, violent disruption of a commonwealth 
essentiall}' a unit, and disorganizing and lawless misrule; but still more, I 
think, on the belief that the struggle in which it is now involved is virtually 
a contest between the propagandists of domestic slavery and the advocates 
of emancipation and universal freedom. If the civil war be protracted, I am 
convinced that our hold upon the sympathy and good will of the govern- 
ments, and still more of the people of Europe, will depend upon the dis- 
tinctness with which this issue is kept before them, and if it were now pro- 
posed by the federal government to purchase the submission of the south by 
any concession to their demands on this subject, or by assuming any attitude 
but that of, at least, m.oral hostility to slaverj^, I have no doubt that the dis- 
solution of the Union would be both desired and promoted by a vast majority 
of those who now hope for its perpetuation. 

I am, sir, respectfully yours, 



Hon. William H. Sewakd, Secretary of State. 



GEORGE P. MAPtSH. 



Mr. Seivard to Mr. Marsh. 

No. 8.] Department of State, 

Washington, July 23, 1861. 

Sir: Your despatch of June 21, No. 3, has been received. The account 
it gives us of your reception and of the sentiments and feelings of the 
Italian government in regard to the United States is very satisfactory to the 
President. We are pleased with your prompt and vigilant attention to the 
matters afiecting the public interest, especially the supposed project of fitting- 
out hostile armamcuts at Genoa. 

Renewing my best wishes for the prosperity of Italy under the new min- 
istry so happily inaugurated, I am, sir, your obedient servant, 

WILLIAM U. SEWARD. 

George P. Marsh, Esq., Sfc, S^c., ^c, Turin. 



324 ANNUAX. MESSAGE OF THE PEESIDENT. 

3Ir. Seward to Mr. Marsh. 

[Extracts.] 

No. 11.] Dep.artment of State, 

Washington, July 30, 1861. 
gjj,. ********* 
You will express to Baron Ricasoli the high appreciation which this govern- 
ment entertains of his decision in regard to our affairs. 

********* 

Y®u will be pained by the intelligence of a reverse of our arms near 
Manassas Junction, and I fear it will, for a time, operate to excite apprehen- 
sions and encourage the enemies of the Union in Europe; but the blow has 
already spent its force here without producing any other effect than renewed 
resolution and confidence in the success of the government. The lesson that 
war cannot be waged successfully without wisdom as well as patriotism has 
been received at a severe cost; but, perhaps, it was necessary. It is certain 
that wc are improving upon it. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

George P. Marsh, Esq., Sfc, S^-c, Turin. 



Mr. Marsh to Mr. Seward. 



No. 14. J Legation of the United States, 

Turin, September 2, 1861. 

Sir: I have the honor to enclose herewith a copy of a note addressed by 
me to Baron Ricasoli on the 26th ultimo, in relation to the proposed conven- 
tion for the accession of the United States to the declaration of the congress 
of Paris in 1856. 

By my instructions, under date of April 24, 1861, I am directed as follows: 
" To ascertain whether it (the government of his Majesty the King of Italy) 
is disposed to enter into negotiations for tlie accession of the United States 
to the declaration of the Paris congress, with the conditions annexed by that 
body to the same; and if you shall find the government so disposed, you will 
then enter into a convention to that effect, substantially in the form of a 
project for that purpose herewith transmitted to you." 

The project transmitted with the instructions makes no mention of the 
important conditions referred to in the instructions, and therefore, in drawing 
up the note, I thought it best not to notice the conditions specifically, but to 
make the proposal in general terms, leaving that point to be arranged, if sug- 
g-ested by the Italian government, as I shall be instructed hereafter. 

I have the honor to be, sir, with high respect, your obedient servant, 

GEORGE P. MARSH. 

Hon. William H. Seward, 

Secretary of State. 



ANNUAL MESSAGE OF THE PRESIDENT. 325 



Mr. Marsh to Baron Eicasoli. 

Legation of the United States of America, 

Turin, August 2G, 1861. 

The undersigned, envoy extraordinary and minister plenipotentiary of 
the United States of America, as he had the honor to state in one of his 
first interviews with his excellency the minister of foreign affairs, is in- 
structed to propose the negotiation of a convention between the government 
of the United States and the government of his Majesty the King of Italy 
for defining the rights of belligerents and neutrals in maritime warfare, in 
accordance with the principles adopted b}- the congress of Paris in the year 
1856. 

Similar instructions have been given by the President to the American 
ministers at the courts of the other maritime powers, and negotiations to 
that effect are now in progress with all the governments represented at the 
congress of Paris. 

It will be remembered by his excellency the minister of foreign affairs 
that in the year 1854 the President of the United States submitted to the 
several maritime nations two propositions, to which he solicited their assent 
as permanent principles of international law. 

These were : 

1. Free ships make free goods — that is to say, that the effects or goods 
belonging to subjects or citizens of a power or state at war are free from 
capture or confiscation when found on board of neutral vessels, with the 
exception of articles contraband of war. 

2. That the property of neutrals on board an enemj^'s vessel is not subject 
to confiscation, unless the same be contraband of war. 

These propositions were favorably entertained by most of the govern- 
ments to which they were submitted, but no formal convention for their 
recognition was negotiated between them and the United States. 

The congress of Paris, at which most of the European powers were rep- 
resented, adopted, upon the 16th of x\pril, 1856, an agreement embracing 
substantially these principles, with two additional propositions; all of which 
were embodied in a declaration composed of four articles, namely: 

1. Privateering is and remains abolished. 

2. The neutral flag covers enemy's goods, with the exception of contra- 
band of war. 

3. Neutral goods, v/ith the cxceptionof contraband of war, are not liable 
to capture under enemy's flag. 

4. Blockades, in order to be binding-, must be eflective — that is to say, 
maintained by a force sufficient reall}' to prevent access to the coast of the 
enemy. 

The congress further agreed to invite the maritime states not represented 
in that body to accede to these propositions, and the assent of the govern- 
ment of the United States was asked to them accordingly. 

The then President of the United States, Franklin Pierce, did not accede 
to the stipulations of the convention, but proposed an amendment to the 
first article which should exempt the private property of individuals, though 
belonging to belligerent states, from seizure or confiscation by national ves- 
sels in maritime war; and the ministers of the United States at Paris and 
London were instructed to inform the governments to which they were ac- 
credited that the United States would accede to the four points above 
recited, provided the first of them should be amended to the effect proposed 
by the President. 



326 A2^NUAL MESSAGE OF THE PRESIDENT. 

Neither of these g-overnmehts is understood to have objected to this 
amendment, but the negotiations were not prosecuted to a conclusion. 

The President of the United States adheres to tlie opinion expressed by 
his predecessor, that it would be eminently desirable for the good of all na- 
tions that the property and effects of private individuals, not contraband, 
should be exempt from seizure and confiscation by national vessels in mari- 
time war. But the proposal to that effect not having been accepted by the 
nations represented in the congress of 185G, ho now offers to accede to the 
invitation of the powers, and to accept the declaration promulgated by it, 
deferring to a future occasion the further prosecution of negotiations for 
the general adoption of the amendment above specified. 

The undersigned is invested with full powers to conclude, on the part of 
the President, a convention between the government of the United States 
and that of his Majesty the King of Italy for the adoption of the declara- 
tion of the congress of Paris, and begs leave to invite the attention of his 
excellency the minister of foreign affairs to the proposal. 

The undersigned avails himself of this occasion to renew to his excel- 
lency the minister of foreign affairs the assurance of his most distinguished 
consideration. 

GEORGE P. MARSH. 

His Excellency Baron Ricasoli, 

President of (he Council and Minister of Foreign Affairs. 



Mr. Seward to Mr. Marsh. 



No. 18.] Department of State, 

Washington, September 20, 1861. 

Sir: Your despatch of August 20th, No. 12, has been received. 

I send you, in confidence, a copy of my latest instructions to Mr. Adams and 
Mr. Dayton, from which you will learn that the negotiations with Great Britain 
and France for an accession to the declaration of the congress at Paris have 
been suspended, and the causes of the suspension. 

We are desirous to act in good faith, and to acquit ourselves of all responsi- 
bility for the failure of negotiations with enlightened powers for the advance- 
ment of the intei'ests of peace and humanity; and yet we are at the same time 
resolved to maintain the independent position and the dignity of our govern- 
ment. We therefore hold ourselves ready to perfect a convention with the 
government of Italy for our accession; and at the same time you will not 
urge the proposition against any disinclination which that government may 
express or intimate. 

We shall be the friend of Italy; and Italy, we are sure, cannot be other- 
wise than friendly to us, no matter what treaty relations exist or fail to be 
made. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

George P. Marsh. Esq., Sc, Sfc, Turin. 



ANNUAL MESSAGE OF THE PEESIDENT. 327 



3Ir. Seward to Mr. Marsh. 

No. 32.] Department of State, 

Washington, November 22, 1861. 

Sir: I have your despatch of October 29, (No. 29.) 

The British and French governments, which stand at the head of the 
maritime powers, having- declined our adhesion to the declaration of Paris 
without conditions which the United States cannot yiekl, thei'e is no important 
object to be attained by pressing the same upon other powers. You will 
therefore let the matter rest in Italy for the present. 

I think that when at no distant day it shall need to be renewed, the interest 
that shall move it forward will appear first on the other side of the Atlantic, 

It is a matter of regret that we cannot consistently ofier special induce- 
ments to military gentlemen in Italj'^ Avho are unable to defray their own 
expenses in coming to join our armies; but we are forbidden to do so by 
urgent considerations. First, we do not need to solicit foreign aid, and we 
naturally desire to avoid the appearance of doing so. Secondly, we wish to 
abstain from intrusion into the domestic concerns of foreign states, and, of 
course, from seeming to do so. Thirdly, our own countrymen are coming 
forward with just claims upon all positions requiring skill in the art of war, 
and we must avoid jealousies between native and foreign defenders of the 
Union, Already the forces in the field exceed half a million, and the officers 
charged with organizing them report to us that those recently recruited will 
swell the number to seven hundred thousand. If the insurrection should 
continue, it will be more difficult to keep them down to a million than to lift 
them up to that figure. Still, we do not yet revoke what we have thus far 
said, and we will receive from Europe those who may come. 

A consul will be appointed for Ancona, 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

George P. Marsh, Esq., Sec, c^c, Turin. 



SWITZERLAO. 



Mr. Seward to Mr. Fogg. 

Xo. 2.] Department of State, 

Washington, May 15, 1861. 

Sir: I have delayed givin;^ you the President's instructions so long- 
because I was preoccupied. For the first time in our history the standard 
of civil war has been raised with the purpose of overthrowing the federal 
republic. It is a cardinal point with the seditious in modern revolutions to 
gain aid, or at least sympathy, in foreign countries. That sympathy is 
sought in the form of recognition of the simulated sovereignty set up by 
faction. An act of recognition carries moral weight, and material aid is 
expected soon to follow it. No state ought to lend its support to revolu- 
tion in a foreign country except upon motives of justice and humanity. But 
in point of fact these motives seldom prevail, and nations generally act in 
such cases upon calculations of profit or ambition, or in the wantonness of 
mere caprice. It is well understood here that the revolutionary faction has 
its agents abroad, soliciting European powers to intervene in this unhappy 
civil war. It has therefore been my duty, under the President's authority, 
to instruct our representatives there how to meet them and counteract their 
designs. I could easily imagine that either Great Britain, France, Russia, 
Austria, Prussia, Belgium, Spain, or even Denmark, might suppose that it 
could acquire some advantage, or at least some satisfaction to itself, from a 
change that should abridge the dominion, the commerce, the prosperity, or 
influence of the United States. Each of them might be believed to have 
envious sentiments towards us, which would delight in an opportunity to 
do us harm. I have therefore first addressed myself to the consideration of 
our relations with those countries. It is otherwise with Italy and Switzer- 
land. The former is yet hotly engaged in the struggle to secure freedom 
and unity, and the latter enviably distinguished by the rare enjoyment of 
both. Human nature must lose not only the faculty of reason which lifts it 
above the inferior beings, but also the benevolence which lifts it up to com- 
mune with superior orders of existence, when the security, welfare, and 
happiness of the United States shall have become even a matter of indif- 
ference to Italy or Switzerland. I salute Switzerland last among the 
European nations only because we esteem and confide in her most, 

You will say this, or anything elsft that may occur to you that would 
more pleasantly or more effectually assure the government of Switzerland 
of the cordial good wishes cherished for it by the President and the people 
of the United States. 

You will, of course, need to say nothing to the government on the subject 
of the domestic difficulties to which I have already adverted. You will, 
nevertheless, not be absolutely free from all responsibility on this head. 
You are in a region where men of inquiring mind and active habit seek a 
temporary respite from severe studies and exhausting labors. The world's 
affairs are discussed freely, and the sentiments and opinions which influence 
the conduct and afiect the prospects of nations are vety often formed iu the 



330 ANNUAL MESSAGE OF THE PRESIDENT. 

mountains and dells of Switzerland. You will meet there, if no others, 
many of our own fellow-citizens, doubtlessly of both classes — the disloyal, 
sometimes, as well as those who are loyal to the Constitution and the Union- 
Improve the calmness and candor which the contemplation of nature 
inspires to dissuade the discontented American from his unnatural course 
and pernicious convictions, and to excite the loyal to return home as 
speedil}^ as possible to speak, to vote, and, if need be, to enrol himself as a 
soldier or a sailor in the land or naval forces for the dc^Micc of his country, 
of freedom, and of mankind. 

Seventy years of tranquillity and harmony, unparalleled in the experience 
of states, liave made us misunderstand the stage in our national career at 
which we have arrived. We had to prove, by demonstration in war, that 
these institutions are adapted to defence against aggression, and even for 
aggrandizeiient of empire. The proof was given, and the world has nobly 
confessed the truth established. 

We assumed that faction could not gain consistency and make head under 
institutions so free, so equal, so just, and so beneficent. This was a mistake 
less in regard to our institutions than in regard to human nature itself. But 
self-complacent, and consequently self-deceived, we have come all of a sudden 
to meet the emergency of civil war, and we find ourselves obliged to demon- 
strate that our government is adapted to resist and overcome domestic faction. 
It is a momentous but necessary trial. Perhaps it has not come too soon. ■ 
Certainly we have no apprehension of failure. Revolutions are seldom 
successful, even when they have just causes. Revolution without a good 
cause, amounting to absolute necessity, is never possible in a country where 
stable government is at all known by experience of its blessings. The 
present attempt at revolution is based on no alleged experience of oppression. 
It puts forth only apprehensions of danger of oppression, which the form of 
the Constitution and the experience of its actual woi'king proves to be 
altogether impossible. It is a revolution originating only in disappointed 
personal ambition. Personal ambition is the least effective of all the political 
agencies that can be found in an extended federal republic. The revolution 
aims at the life of the country. It gathers the support of only that small, 
though very active, class of persons who are so thoughtless as to be insensible 
to the importance of having a country to protect and defend, with benefit to 
themselves and their posterity. Against it are arrayed the larger portion of 
our people with whom love of country is the first and strongest of all the social 
passions— that holy sentiment which in mature life is the strongest passion 
of our common humanity. 

Tell the Swiss republic, then, that with God's blessing we will preserve 
this model of federal republican government by which they have reformed 
their institutions, and we invoke them to retain their own with no less 
fidelity. So Switzerland and the United States shall in after ages be honored 
as the founders of the only true and beneficent system of human government — 
a system that harmonizes needful j^uthorit}^ with the preservation of the 
natural rights of man. Every free citizen of Switzerland who comes here, 
so long as he remains, is practically a citizen of the United States. He goes 
in and out everywhere unchallenged. Nevertheless, the American citizen in 
Switzerland is a stranger, and the reiterated demand for his passport at 
every angle in his course reminds him painfully that he is suspected. Ilis 
least elevated motive for going there is trade and commerce ; but the objects 
of most of our citizens in visiting Alpine countries are health and stud}^ of 
the more sublime and attractive features of nature and a fervent admiration 
for the free people who dwell among them. In the United States there is 
not one man base eno.ugh to do or Avish an injury to the enlightened govern- 
ment or to the people of Switzerland. Why, then, should not the government 



ANNUAL MESSAGE OF THE PRESIDENT. 331 

of that country make us conscious of its confidence by allowing us the 
enjoyment of national hospitality while we are sojourning in their beautiful 
country ? 

Please bring this subject to the consideration of the authorities, and if 
you find them well disposed you will be authorized to conclude a convention 
with them on the subject. 

We very much want a good history of the Swiss Confederacy since its 
reformation, especially showing how faction developes itself there, and how 
the government works in^jDreventing or suppressing designs subversive of 
the federal unity of the republic The President hopes that you will furnish 
it, as he knows your ability for such a task. 

Please also send to the department a copy of the fullest and best history 
of the Swiss Confederation, (perhaps Muller's.) It is desirable, not only 
with a view to accurate information upon the points just adverted to. but 
also with reference to the legislation and its causes of the respective 
members of the confederation with regard to the Israelites, a subject in 
relation to which your predecessor has had much correspondence with that 
government. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

George G. Fogg, Esq., 

(^c, &c., £•€., Berne. 



Mr. Fay to Mr. Seward. 
[Extract.] 



No. 421.] United States Legation, 

Berne, May 18, 1861. 
Sir: 

Referring to my No. 417, I communicated, in addition to the English 
printed copy of the inaugural of the President, a carefully made German 
translation. I have some reason to suppose that the commissioners of the 
seceded States were, or would soon be, in Paris, and as Mr. Dudley Mann 
was informally my predecessor in Berne, and has personal friends in the 
governmental regions, and might profit by the occasion to slip over from 
London or Paris, I had another interview on the subject this morning with 
President Kniisel. A very severe illness had kept me some time from seeing 
him. As I have received not a word from the department with regard to 
my recall, I have not communicated ofliciall}' with the government upon the 
subject, but the President commenced, and I am unwilling to repeat his 
friendly remarks. He alluded, however, to the affair of Neuchatel, and said 
I must not think the government had forgotten the services I had rendered 
to Switzerland, and particularly on that occasion. He repeated several times ; 
but I will not dwell further upon this point. 

I asked if they had any news of the commissioners of the seceded 
States, and said I thought they might perhaps pay Berne a visit. I then 
addressed to him some earnest words upon a subject in which my whole 
heart is interested. I told him my public and private intelligence convinced 
me that the movement of the south would be suppressed ; that it was as 
insane as it was guilty; that the slowly rising spirit of the north, and the 
calm and eflicient preparations made by the President, would, in due time, 



332 ANNUAL MESSAGE OF THE PEESIDENT. 

bring it to a termination; that the United States had always loved Swit- 
zerland, but that I did not expect from him any sentimental engagements. 
I wished, however, ofBcially to express the opinion of m^'' government, and, 
privately, my own deep conviction, that the wise course of Sv/itzerland 
would be a flat refusal to receive, in any way, the commissioners of the 
revolted States ; that a different course would be painfully remembered, 
while a prompt action in this direction would surely draw much closer the 
bonds of friendship between the two republics. I called his attention to 
the proclamation of the British government, in which the seceded States 
are termed the " so-called Confederate States." 

The President warmly acquiesced, and assured mo that he completely 
shared mj opinion. 

I have the honor to be, sir, with the highest consideration, 3'our obedient 
servant, 

' THEO. S. FAY. 

Hon. William H. Seward, 

Secretary of Slate of the United States of America. 



Mr. Fay to 3Ir. Seward. 
[Extract ] 



No. 426.] UxiTED States Legation, 

Berne, June 3, 1861. 

Sir: 

Mr. Fogg has not yet arrived, although the telegfaph announces that he 
is in London. Everything is ready for him here. 

A despatch for him has been received but not opened. Your circulars of 
April 27 and of May 6 have been received. The copies of the proclama- 
tion have been communicated to the federal council. 

I have the honor to be, sir, with the highest consideration, your obedient 
servant, 

THEO. S. FAY. 
Hon, William H. Seward, 

Secretary of State of the United States of America. 



Mr. Fay to Mr. Seicard. 
[Extract.] 



No. 428.] United States Legation, 

Berne, June 1, 1861. 

gjjj. * * :>c * :); * IK * 

I had an earnest conversation with Mr. Frei Herosee on the subject of the 
possibility of the reception of any southern agent. He is an old friend of Mr. 
Dudley Mann. He is also one of the oldest and most influential members of 
the federal council and founders of the government, and has been several 



ANNUAL MESSAGE OF THE PRESIDENT. 333 

times President. He confirmed warmly all that President Kniisel had said, 
and in plainer terms. Switzerland, he said, had always opposed rebellion and 
revolution everj^whcie. He alluded, I presume, to the days of 1848, during- 
which this republic acted with equal liberality and wisdom. She has herself 
passed through the same ordeal as that through which God is now leading 
■us, and she knows what it is for foreign powers to cast the weight of their 
open encouragement or secret intrigue into the wrong scale. Whatever 
importance may be attached to the course which Svv^itzerland may pursue 
on this point, I am almost positive no agent would be received. 

I have the honor to be, sir, with the highest consideration, your obedient 
servant, 

THEO. S. FAY. 
Hon. AViLLiAii H. Seward, 

Secretary of Slate of the United States of America. 



3Ir. Fay to Mr. Seward. 



[Extract.] 

No. 431.] United States Legation, 

Berne, July 2, 1861. 

Sir: It is with the permission of my successor, whom I learn to regard as 
a friend, that I address to you this my closing despatch. 

I have placed him in possession of the legation office records, cipher, 
library, furnitui-e, and all things pertaining to it. An inventory has been 
prepared, from the despatch books, of everything received j and he will 
doubtless inform you that he has verified it. 

Yesterday, July 1, he accompanied me to the Palais 1 <...'' ral, where we 
were received in the state reception-room by the president and by the sec- 
retary of the federal chancery, Mr. Leutscher. I handed in my letter of 
recall, and read, in German, the remarks I had prepared. I then formally 
presented my successor, who gave his letlre de creance, and who requested 
me to read a German translation of his remarks, which I did. The president 
then replied to the latter. I have the honor to subjoin these documents in 
English. 

Some conversation then ensued of a friendly character. On leaving, the 
president informed me he would make me a visit, and, taking me warmly by 
the hand, he said, (alluding to Neuchatel,) "we shall never forget what you 
have done for us." We then drove to all the legations, and I presented the 
new minister to the chefs demission, commencing with the French ambassador, 
the Marquis de Turgot. It gives me pleasure to say Mr. Fogg obviously 
made a favorable impression, and that it is a sincere satisfaction for me to 
see in my place a gentleman who I have no doubt will represent with dig- 
nity the new country, which God is disengaging from elements irreconcilable 
with its character as a Christian republic. 

In my remarks to the president I thought it a proper occasion publicly to 
record my opinion, that I might throw into tlie scale the influence, however 
small, which I'might possess from my long residence in Europe. 

With regard to the French and English declarations of neutrality, the 
enclosed extract from the " New York Commercial Advertiser" emboldened 
me to express the hope that those governments, whatever might have been 



334 ANNUAL MESSAGE OF THE PEESIDENT. 

their original intention, wonld be careful as to the manner of applying the 
* principle adopted. 

I have the honor to be, sir, with the highest consideration, your obedient 
servant, 

THEO. S. FAY. 

Hon. William H. Seward, 

Secretary of State of the United States of America. 



Mr. Fay's 'parting remarks to the president of the Swiss confederaiion. 

Mr. President. I have the honor to hand to your excellency my letter of 
recall, and to present my estimable successor, against whom I have only 
one objection — that he will, I am afraid, perform the duties of his office 
better than I have done. I am instructed by the President of the United 
States on this occasion to repeat his sincere desire to continue to cultivate 
with you relations of the closest friendship. 

I resigned my appointment as minister in Switzerland, not that I had any 
power or right to retain it contrary to the President's wish, but -I thought it 
my dut}'', from certain considerations. This course was not induced by any 
discontent with Switzerland. On the contrary, I admire and love Switzer- 
land. In my official transactions with the government, and with the diffi^rcnt 
members of it, I have always found good sense and loyaut'e, and my private 
intercourse with the nation has caused it to rise always more in my esteem. 
I have been struck with the pure administration of justice, the universal 
love of country, the modest and yet effective character of the governments, 
and with the liberty of conscience asserted by superior authorities, even 
where embarrassed by local, contrary influences. Switzerland is peculiarly 
blessed by the Almighty, and she has it in her power, under Him, to be the 
happiest country in the world. Your free development in your present form 
is a necessity for Europe. 

Neither has my resigna on resulted from difference of opinion with the 
President of the United Slates. Our country is now occupied in a struggle 
with an institution as unmanageable as the hydra of Hercules. It is not 
my wish to misrepresent the proprietors of slaves. Many of them are sin- 
cere, Christian gentlemen. But the institution in its present form is irrecon- 
cilable with our national existence, with the religious sentiment of the majority, 
arid with the Word of God. Nothing can be clearer than the right and duty 
of the American people to protect themselves from its uncontrolled develop- 
ment, and from being drawn downwards in their career of political and 
religious civilization. Man should not live by bread alone, nor by cotton 
alone. 

The election of President Lincoln is the expression of this sentiment. The 
struggle in which he is engaged is one of light with darkness. Every 
Christian government in the world must be on his side, for he represents 
bumanit}'-, liberty, civilization, and religion. He represents also the principle 
of rational, popular government, and his course thus far has given reason to 
believe that he has been raised up by God to steer our nation through this 
tempest, by a union of moderation with energy, and of rapid decision with 
patient mercy and calm wisdom, if no encouragement from without be offered 
to the insurrection. No one who prefers good to evil would place an obstacle 
in his path. 



ANNUAL MESSAGE OF THE PRESIDENT. 335 

The movement of certain southern States — not to say persons — represents 
not only rebellion against a Constitution and laws framed or freely accepted 
by themselves, but negro slavery and the African slave trade as one of its 
inevitable consequences. It represents also one of the g-reatest crimes 
recorded' in history — a black, secret, long-matured, treacherous conspiracy, 
extending its ramifications into European countries, which, among other 
objects, aimed at the conquest of Cuba, Mexico, and Brazil, as the basis of a 
great, despotic, and African slave-trade empire, and which, by the mercy of 
God, must be shipwrecked against the steadj^ firmness of the President, the 
honesty, the patriotism, and the religious sentiment of the American people. 
You will judge, Mr. President; also your government and your people; 
Europe and history will also judge how far any government, nation, or public 
press, can, consistently with its character, approve or in any way encourage 
such an enterprise, unless ignorant of its true nature. I have no doubt this 
insurrection, although it has reached such proportions, will be suppressed. 
We have the power, the right, and the will to suppress it. It is not a war 
between two powers entitled to equal international rights, any more than 
the rebellion in India was an international war. It is an insurrection, and 
nothing more, and one of the most unreasonable and unjust which the world 
has ever seen. The American Union, carried out according to its original 
intentions, offers to rapidly increasing millions material prosperity, political 
and religious liberty. It is a blessing for mankind; whereas the rise of a 
southern empire, built on such foundations, and aiming at such designs, 
could not but be a misfortune for itself and for all the world. It is one of 
the signs of our times that error not only boldly raises its head, but that it 
invites, with efi'rontery, the assistance of others, and sometimes receives 
encouragement from quarters where it would least be expected. I here in 
no way allude to the declarations of neutrality latel^^ proclaimed by two 
great powers, but to opinions expressed by several journals. The declara- 
tions of neutralit}'- have been prematurely considered unfriendly acts by a 
portion of my countrymen. They ought not to be so taken, unless applied in 
an unfriendly manner; and I have no fear that either of these enlightened 
and friendly governments would encourage the southern movement by 
receiving its representatives or suffering its marine prizes to be sold in their 
ports; and neither do I fear, Mr. President, that the government of Switzer- 
land, which has always on such occasions proved itself wise and just, would 
ever throw its weight into the scale of insane revolution, and of negro 
slavery disengaged from all restraint, and of the African slave trade, by 
receiving any representative of that portion of our States. 

In concluding, Mr. President, I have the honor to bid you farewell, and, in 
your person, to your estimable colleagues and to your free, well-conducted, 
and happy country. May it never forget whence this blessing comes, and 
what hand is indispensable for its continued preservation ! May jour lakes 
and mountains — the admiration of the world— ever represent, as they do 
now, peace, prosperity, prudence in foreign policy, and, at home, Christian 
liberty ! 



3Ir. Fogg^s address to the President. 

Mr. PriKsmENT : The just and lucid statement of the present condition and 
prospects of the' United States made by my honored predecessor and friend 
leaves for myself little more than the agreeable duty of reaffirming what he 
has so well said. 

There are crises in the lives of nations as well as of individuals. Swit- 



336 ANNUAL MESSAGE OF THE PRESIDENT. 

zerland has had her ci-ises. Times almost without number her brave moun- 
taineers have been called to arras to put down sedition at home and repel 
the invaders from abroad. Thanks to the God of liberty, they have always 
triumplied, and the land of Tell is still the home of the free. 

The United States has had her crises. In her infancy, when Washington 
led her brave sons to maintain her right to be one of the nations of the 
earth, then was her crisis. Her second great crisis is now, when a despotic 
institution raises the standard of intestine war, and appeals to foreign gov- 
ernments for sympathy and aid to break down freedom and free institutions 
in America. This crisis, like yours, shall be decided for liberty, and Ame- 
rica, too, shall remain the land of the free. The cloud which is now charged 
with destruction will soon be dispersed, and be followed by the sunshine of 
a purer and broader realization of the rights of mankind. 

I am instructed to assure your excellency of the cordial good wishes of 
♦the President of the United States, and of his desire to cultivate and 
strengthen those relations of amity and sympathy which have always sub- 
sisted and ought always to subsist between governments w^hose political 
institutions are so nearly alike 

In conclusion, let me say to your excellency and your associates that it 
will be my highest ambition during my residence in your country to so dis- 
charge all my duties that, while jealously guarding the interests and rights 
of American citizens, I may deserve the confidence and enjoy the personal 
friendship of all the members of 3'our government. Should I be as fortunate 
in these respects as my predecessor has been, my highest hopes will be 
gratified. 

President KnueseVs reply. 

The Swiss confederation has always taken a lively interest in everything 
concerning the great sister republic beyond the Atlantic. How could it be 
otherwise ? The similarity of the democratic federative institutions, the 
independence and liberty which both enj(jy, and which they had to obtain 
by force of arms, has necessarily led to a mutual approach, however great 
the distance be which separates the old world from the new. In this may 
be found, perhaps, a principal reason why for a long series of years numer- 
ous Swiss families emigrated to the United States, where they sought and 
found a new home, and why the names of Swiss cantons and towns are now 
to be found where for thousands of years uncultivated and unpopulated 
forests and prairies existed. The intercourse between the two nations has 
since steadily increased ; the produce of one country finds its market in 
the other,, and numerous points of connexion develop themselves ever more 
and more. 

This harmony of political principles, sympathies, and interests has for its 
consequence a steadily increasing approach of both nations, which has 
already on different occasions shown itself by marks of mutual cordiality. 
Names like that of William Tell, so dear to Switzerland, were given to sea 
vessels by citizens of the United States. The federal council responded to 
that salutation by hoisting the Swiss flag on the mainmast of those ships. 
To the colossal monument which the United States erected in memory of 
their liberator, the immortal Washington, Switzerland has contributed a 
stone with an inscription. Many more similar marks of mutual esteem 
might be enumerated ; suffice it to add the remark that a treaty of friend- 
ship and commerce, concluded a few years ago, has but strengthened the 
relations between the two countries. 

Switzerland, from the sincere sympathy which she has for the welfare of 
the Union, looks v\' ith anxiety upon the issue of the events which now shake 



ANNUAL MESSAGE OF THE PRESIDENT. 337 

that country. Switzerland passed through a similar crisis fourteen years 
ago, which threatened to tear asunder the then loose connexion of the 
twenty-two cantons. But renewed rose the present confederation from 
that tempest ; strengthened internally and abroad, she now stands there, 
<isteemed by the nations. May God grant that the connexion of the States 
of the United States of America may also emerge renewed and strengthened 
out of this crisis. 

The president of the Swiss confederation presents his best thanks, through 
your excellency, to the President of the United States for his assurances of 
friendship and sympathy. He hopes that the new minister resident will 
thoroughly acquaint himself with our relations and laws. That would ren- 
der the more possible for him a strict performance of his duties ; the pro- 
tection of the rights and interests of American citizens, and the preservation 
of a good and ever friendly understanding with the Swiss government, which 
wishes to unite loyaiUe with their maintenance of authority. The President 
of the confederation may add that he thinks the retiring minister resident 
has learned to esteem Switzerland, her authorities and nation, and he may 
give to Mr. Fay the plain assurance that he has acquired the esteem and 
the love of the country and her magistrates. The President of the confed- 
■eration doubts not a moment that the relations between the federal council 
and the present representative of America will always be of the most friendly 
character. 



Mr. Fogg to Mr. Seward. 



No. 1.] United States LegatioiV, 

Berrie, July 8, 1861. 

Sir: Leaving New York for my post of duty on the steamer "Adriatic," 
the 14th day of Maj', I reached Berne via Galway, London, and Paris, June 
•27, having previously ascertained by correspondence with my predecessor 
that it would be agreeable to him for me to take possession of the office, 
legation property, &c., the 1st day of July. 

Making it my first duty, after arriving, to call on Mr. Fay at his house, I 
was received with the utmost frankness and cordiality, and with the offer 
■of every facility to render mj^ entrance upon my new duties pleasant to 
myself and favorable -to the non-interruption of that eiitente cor diale, now and 
for years past so happily existing between the American legation and the 
several members of the Swiss government. 

Mr. Fay very kindly undertook to notify the president of the confedera- 
tion of my arrival, and ask an audience to enable him to present his own 
letter of recall, and myself and my letter of credence on the Monday following. 
Having received promise of an audience on the day named, Mr. Fay called 
with his carriage, and we went together to the palace of the federal council. 
The sequel has been narrated and transmitted to the State Department by 
Mr. Fay in his despatch numbered 431, dated July 2, 1861. 

Subsequently we called upon the other members of the Swiss govern- 
ment and upon the foreign ambassadors resident at Berne, to all of whom I 
was kindly introduced, and by all of whom as cordially received — not with- 
out uniform, and, I am sure I may add, sincere expressions of regret at the 
termination of Mr. Fay's official relations with the government and the 
diplomatic corps. 

During our entire round of visits and presentations it was painfully 
pleasing to be constantly reminded of the profound interest with which the 

Ex. Doc. 1 22 



338 A]SlNUAL MESSAGE OF THE PRESIDENT. 

contest now g'oing on in the United States, between liberty and union on 
the one hand, and despotism and secession on the other, is watched alike by 
the friends of republicanism and of absolutism. Here, however, the rebels 
have no friends — not even among the representatives of absolutism in Europe 
On all sides, the sanguine assurances I have felt at liberty to give of the 
certain triumph of our system and constitution of government over the con- 
spirators for its overthrow, has seemed to give unalloyed satisfaction. That 
the future may justify these my assurances, will be my constant praj'er, 
with that of millions in other lands. 

I should not do justice to my own feelings did I omit to say that I have 
found Mr. Fay a true Christian gentleman, and an American whose heart 
has, by absence, lost none of its devotion to the liberties and good name of 
his native land. Thoroughly sympathizing with the principles and pur- 
poses of the present administration of the United States government, and 
possessing large experience and an enviable reputation in Europe, I trust it 
may not be deemed impertinent in me to express the hope that the State 
Department will not be a long time in finding some field where his familiarity 
with international and diplomatic affairs will be a necessity to the govern- 
ment. 

With an ardent desire for the preservation of the free spirit of our gov- 
ernment and the integrity of our national Union, I have the honor to sub- 
scribe myself, with the highest consideration, your obedient servant, 

GEORGE G. FOGG. 

Hon. William H. Seward, 

Secretary of State of the United States of America. 



Mr. Seivard to Mr. Fogg. 
[Extract.] 



No. 6.1 Department of State, 

Washington, July 29, 1861. 

Sir: Mr. Fay's despatch of July 2 (No. 431) has been duly received. The ac- 
count he has given us of his retirement and your entrance upon the mission, 
as also the sentiments expressed by him and by yourself to the president of 
the republic, and the reply of that eminent magistrate, are exceedingly in- 
teresting. The President of the United States appreciates very highly the 
liberal and friendly feelings of the Swiss republic, and derives from them new 
motives to maintain relations so auspiciously established. 

********* 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
George G. Fogg, Esq., Sfc, Sj-o , Berne. 



Mr. Seivard to Mr. Fogg. 



No. 8.] Department of State, 

Washingto7i, August 6, 1861. 

Sir: Your despatch No. 1, dated 8th July last, has been received. Your 
account of your interview with Mr. Fay, and of the circumstances of the 
audience granted you by the government of the republic of Switzerland, is 



ANNUAL MESSAGE OF THE PRESIDENT. 339 

interestiiio: and entirely satisfactory. The sentiments you expressed on that 
occasion are approved by the Presi^lent of the United States, and the generous 
reply made to you by the president of the federal council of Switzerland, as 
narrated to us in the last despatch of Mr. Fay, has been received with deep 
emotion. We feel assured that whatever may be the changes of existing 
relations between us and other countries, Switzerland and the United StateS' 
will always remain friends. 

I am, sir, your obedient servant, ; 

WILLIAM H. SEWARD. 
George G. Fogg, Esq., &fc., <^c., Berne. 



Mr. Seward to Mr. Fogg. 



No. 13.] Department of State, 

Washington, September 14, 1861. 

Sir: Am.ong the important instructions addressed to your predecessor are 
those concerning the restrictions of certain of the Swiss cantons against 
citizens of the United States professing Judaism — a subject which received at 
Mr. Fay's hands a large share of earnest attention, and upon which he addressed 
the department repeatedly and at much length. It is very desirable that 
his efforts to procure the removal of the restrictions referred to — which, 
though not completely successful, have no doubt had much effect in smoothing 
the way to such a result — should be followed up by you. You will, there- 
fore, after having fully acquainted yourself with what Mr. Fay has done in 
the premises, and with the views of the department, as expressed to him in 
the despatches on file in the legation, take such steps as you may deem 
judicious and likely to advance the benevolent object in question. 

It is not doubted that further proper appeals to the justice and liberality 
of the authorities of the several cantons whose laws discriminate against 
Israelitish citizens of the L^nited States will result in a removal of the odious 
restrictions and a recognition of the just rights of those citizens. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
G. Fogg, Esq., SfC, SfC, Berne 



NETHERLANDS. 



Mr. Seward to Mr. Pike. 

No. 4.] * Department of State, 

Washington, Maij 16, 1861. 

Sir: The g-overnment is preoccupied with the civil war which has been 
inaugurated with the reckless purpose of overthrowing the Constitution and 
the federal Union. It has little time to think of our foreign relations, and 
when it does think of them it is chiefly to consider how and in what way it 
can most effectually counteract the efforts of the revolutionists to procure 
European intervention in their favor. 

The Netherlands lost even their independence for a time through the dis- 
astrous operations of the French revolution of 1*189. They are slowly, but 
surely, recovering advantages and prestige which they enjoyed before that 
calamit}' occurred. Their policy is peace and friendship with all nations, 
and certainly they have always manifested the most liberal sentiments 
towards the United States. In view of these circumstances and dispositions 
the President does not apprehend any danger that the government of the 
Netherlands, or its very intelligent people, will lend aid, countenance, or 
sympathy to the misguided partisans who, in a frenzy of passion, are com- 
passing the ruin of our country. 

I have looked through the correspondence of this department with your 
legation, and I find that, although our commerce is known in every part of 
the world, and although the Netherlands have no insignificant possessions 
in each of its great continental divisions, yet that there is not even one case 
of controversy or dispute between the two nations. 

What, then, will you do at the Hague ? You can do much, and, fii'st, in 
relation to Japan. The government of the Netherlands is probably an ally 
of Japan. I enclose the copy of a note of the 14th instant, addressed by 
this department to the respective diplomatic representatives of Christian 
powers here who have treaties with Japan, You will submit the sugges- 
tions contained therein to his Majesty's government, and if they should be 
frankly received, I shall be prepared to submit a project of a convention to 
carry them into effect. 

I have especially called the attention of Baron de Limburg here to this 
matter, and invited him to consult with his government. Should he comply 
with this request, your own action will be merely in co-operation with him, 
and the needful negotiations may be had with him here if his government 
shall prefer. 

The government of the Netherlands may perhaps have forgotten that 
New York, one of the largest and most prosperous of these States, was col- 
onized by emigrants from that country, and that their descendants still 
cherish lively affection for the land of their ancestors. The flow of emi- 
gration from the Netherlands to this country was arrested' by the revolu- 
tionary wars which occurred in both countries at the close of the last 



342 ANNUAL MESSAGE OF THE PEESIDENT. 

century; but it has resumed its ccmrse within the last twenty years, and the 
thrifty adventurers ah'eady constitute an important portion of the popuha- 
tion in some of our new western States. The intercourse between persons 
of this class and their relations and friends is very intimate. All who come 
hither from the Netherlands, whether as settlers or transient passengers, 
are admitted and enjoy entire freedom of movement, and arc never required 
to exhibit a passport under any circumstances. It is a fact very honorable 
to themselves, and to their native country, that not one of them has ever 
manifested a purpose or even a thought of hostility against this govern- 
ment. I am sure that the citizens of the United States who have occasion 
to visit the Netherlands are equally free from any sentiments of unkindness, 
or of hostility against the government or people of that country. ^Vhy, 
then, should not the government of the Netherlands relax the rigor of its 
police system so far as to dispense with the requirement that the citizen of 
the United States shall arm himself with a passport when visiting that 
country ? The President desires that you submit these thoughts to the 
minister for foreign affairs in an earnest, but not importunate manner. If 
they should be favorably received, you will be authorized to enter into a 
convention to give them effect. 

One of our first treaties was made with the Netherlands in the year 1782. 
Article XIX of that treaty was as follows: 

"No subject of their high mightinesses, the states general of the United 
Netherlands, shall apply for or take any commission or letters of marque 
for arming any ship or ships to act as privateers against the said United 
States of America, or any of them, or the subjects and inhabitants of the 
said United States, or any of them, or against the property of the inhabitants 
of any of them, from any prince or State with which the United States of 
America may happen to be at war; nor shall any subject or inhabitant of the 
said United States of America, or any of them, apply for or take any com- 
mission or letters of marque for arming any ship or ships to act as privateers 
against the high and mighty lords, the states general of the United Nether- 
lands, or against the subjects of their high mightinesses, or any of them, or 
against the property of any one of thorn, from any prince or State with 
which their liigh mightinesses may be at war. And if any person of either 
nation shall take such commission or letters of marque, he shall be punished 
as a pirate." 

There have been several changes of the government of the Netherlands 
since that time, and it has thus become doubtful whether that treaty is now 
in force. 

You will have perceived in the archives of the legation a letter which was 
addressed to you on the 10th instant, on the subject of the amendments to 
the law of nations in regard to the laws of maritime war applicable to 
neutrals, which was proposed by the congress at Paris in 1856. It is pre- 
sumed that the government of the Netherlands will be well disposed to 
enter into a convention for the acceptance of these propositions, the material 
one being in efiect the same as the treaty stipulations to which I have thus 
referred. 

I am, sir, respectfully, j-our obedient servant, 

WILLIAM 11. SEWARD. 

Jaiies S. Pike, Esq., dv., &c., &c. 



ANNUAL MESSAGE OF THE PRESIDENT. 343 

3lr. Murjyhy to Mr. Seward. 

[Extract.] 

No. 52.] Legation' of the United States, 

The Hague, April 2, 1861. 
gjjj. * * * * *«* * * * 

I have also to acknowledge the receipt of the despatch of your predecessor, 
No. 37, of the 28th of Februarj^ last, in relation to the so-called "Confederate 
States of America." Upon receiving it I called upon the minister of foreign 
affairs and inquired whether any person or agent had presented himself to 
this government on behalf of those States; and, upon receiving an answer in 
the negative, I desired him, in case any person should do so, to inform me 
immediately, and before any action should be had to receive such representa- 
tive, as I would in that case make a communication to him on the subject. 
He promised me that he would do so. I did not deem it necessary to be 
more explicit at the present time. 

Since my former despatch there has been a resignation of all the members 
of the ministry, and a reconstruction of the cabinet. Some of the old mem- 
bers have been reinstated, but most of the members are new appointments. 
The ministry of foreign affairs has been devolved upon Baron T. P. P. de Zueglen 
de Nyevelt — not the late minister of the same name, though he occupied the 
same post a number of years since. 

I have the honor to be, sir, youis respectfully, 

HEN. C. MURPHY. 



3Ir. Murphy to 3Ir. Seward. 
No. 53.] The Hague, April 10, 1861. 

Sir: I have the honor to acknowledge the receipt of your circular despatch 
of the 9th of March, in regard to the intervention of foreign powers in the 
domestic affairs of the United States at the present time. In compliance with 
the instructions contained therein, I immediately addressed the minister of 
foreign affairs of this government a communication, of which a copy is 
annexed to this despatch. The King is at present on his annual visit to 
Amsterdam, and will not probably return under ten days; and I presume 
nothing will be done in the ministry of an important character until he shall 
have returned. No person has yet appeared here on behalf of the seceding 
States; and if any one or more should come on their account, I apprehend 
nothing will be done by the Dutch government until the great powers shall 
have acted in regard to an acknowledgment of their independence or a treaty. 
You may rest assured that the present difficulties in the United States are 
regarded by this government with regret, and that it will do nothing to 
encourage the seceding States under existing circumstances. I speak, how- 
ever, on this subject, as yet, of course without any official intimation, and 
merely from the tone and temper of the well-informed circles — as well those 
connected with the government as others. There is in the Dutch character 
a strong repugnance to political changes, except when a strong sense of 
wrong and injury exists. The government and people, as you well know, 
are conservative beyond any other nation. I will not fail, however, to 
inform you of everything wliich shall transpire here on this subject, and 
without delay. 

I have the honor to be, sir, yours respectfully, 

HENRY C. MURPHY. 

Hon. William H. Seward, d-c, &c., dc. 



344 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Mi&phy to the Miniater for Foreign Affairs. 

The Hague, Aioril 8, 1861. 

The undersigned, minister resident of the United States of America, has 
the honor to address his excellency Baron Van Znyleu Van Nijevelt, minister 
of foreign affairs of his Majesty the King of the Netherlands, on the sub- 
ject of the present complication of the internal political affairs of the 
United States, and, for the better understanding of the views of his govern- 
ment in relation thereto, to invite the attention of his excellency to the ac- 
companying address of the President on assuming the administration of tlie 
federal Union. His excellency will find therein a statement of the alleged 
grievances, of the revolutionary nature of the proceedings of a number of 
the States of the Union which have attempted to secede and have formed a 
provisional government of their own, and of the line of policy which the 
government of the Union will pursue for the purpose of preserving peace 
and for the maintenance of the Union. 

The undersigned will further remark, in explanation of this statement of 
the President in regard to the character of the secession movement, that 
the government of the United States is not simply a confederation, but a 
union, which has been invested by the people of the different States, acting 
in their original sovereign capacity, wath certain powers, which are exclu- 
sive and paramount throughout the republic, such as the making of war 
and peace, the regulation of commerce, whether between the States them- 
selves or with foreign nations, the establishment of post offices and post 
roads, the defining and punishing piracies and felonies on the high seas, the 
maintenance of a navy, and the laying and collecting taxes and duties for 
the common defence and welfare, besides various others entirely of a domes- 
tic bearing, but all operating on all the States and the citizens thereof as 
one people. In other words, in all that concerns the foreign relations of the 
several States, as well as in many details of internal regulation, the United 
States are as much a consolidated government as the kingdom of the Neth- 
erlands, with its provincial divisions and assemblies — the only difference 
being, that in the United States all powers not granted to the federal gov- 
ernment are reserved to the States and the people, and, consequently, 
original and more extensive powers are exercised by the legislatures of the 
several States. Any attempt, therefore, on the part of any State or number 
of States, or of any section of a State, to interfere with the exercise of the 
powers conferred on the general government by the Constitution is revolu- 
tionary; and any pretended or actual exercise of like powers by them is an 
usurpation. 

The condition of affairs now existing in the United States is altogether of 
an anomalous character, arising from the principles upon which the govern- 
ment is founded. Those principles acknowledge the right of self-govern- 
ment in the people, and the exercise of perfect freedom of speech, of assem- 
blage, and of the press. A majority of the electors, in the manner and 
under the forms prescribed by the Constitution, elect the President, and thus 
give administrative vitality to the government. In the canvass preceding 
the election, which takes place every four years, discussions of subjects of 
vital interest to the country are carried on in the press and on the stump 
with such effect that, although the voting body comprises over three mil- 
lions of persons, probably not five per cent, of the whole number fail to vote 
on such occasions. Popular passion is aroused, every motive is appealed 
to by the rival parties, and, when a conclusion is reached, there is often- 
times a feeling of disappointment on the part of the minority. But this 



ANNUAL MESSAGE OF THE PRESIDENT. 345 

feeling has never heretofore interfered with their loyal submission to the 
will of the majority. In the recent canvass, the questions connected with 
the institution of slavery were almost exclusively agitated, principally in 
regard to its extension into the Territories, or, as it might be termed in this 
country, the lands of the generality. The decision of the people has been 
adverse to such extension, but altogether by the votes of the non-slavehold- 
ing States. Advantage has been taken of this circumstance by designing 
men to make the minority, or rather that portion of it residing in the slave- 
holding States, believe that their constitutional rights, in regard to that 
species of property known as slaves, were in danger of being destroyed by 
the majority. The fear of such a consequence is groundless; but, acting 
upon such apprehensions, the people of the seceding States have precipi- 
tated themselves into their present position. 

No complaint has been made in any quarter of any improper act of the 
general government, or of any violation by it of its powers, or of the rights 
of slaveholders, as a ground for the existing discontent. The evils are an- 
ticipatory only, so far as the action of the general government is concerned. 
On the other hand it is true tliat, notwithstanding the apprehensions and 
fears Avhich have been excited in the bosoms of a portion of the American 
people in regard to the policy of the government, and the steps which have 
been taken by them for the formation of an independent government, it is 
not to be doubted that the great majority of the people of those seceding 
States still cherish a love for the Union of their fathers, its memories, its 
prestige, and its blessings. Independent of this fact, the permanent dismem- 
berment of the Union is fraught with so much evil to them, as well as to the 
country at large, as to justify the belief that a calm view of the consequences, 
combined with their patriotism, will cause them to retrace their steps. A 
separate government on their part entails the necessity not only of an entire 
new corps of officers of government, but also of a standing army where none 
now is necessary, of an independent navy, of a cordon of revenue officers 
along an extensive coast and frontier line; all attended with heavy expense 
and increased taxes. These consequences, and the severance of family ties 
and brotherhood existing between individuals residing in different States, 
are to come home to them when passion and delusion shall have passed 
away; and when they shall discover, as discover they will, that the general 
government entertains no designs against their peace or property, but on 
the other hand will, as it is bound to do, defend both. 

The undersigned would also impress upom the government of his Majesty 
the fact that no one questions the election of the President according to the 
provisions of the Constitution. He is the choice of the country, and is fairly 
entitled to the exercise of all the powers conferred upon the executive head 
of the federal government by the Constitution. Every citizen within ever}' 
State is bound to obedience to his lawful authority. It is the sworn duty 
of the President to administer faithfully the Constitution and laws of the 
United States, and the obligation of every citizen and individual is perfect 
to uphold and sustain him in its performance. But the Prcsidejit will seek 
by a just and liberal administration, and by a paternal regard for the rights 
and feelings of all sections of the country, to give occasion and opportunity 
for the deliberate and loyal action of the people. It is under these circum- 
stances that the President entertains the fullest confidence in the restoration 
of the harmony and unity of the government at no very distant day. 

The friendship and good will Avhich his Majesty the King of the Nether- 
lands has always manifested towards the United States, the President re- 
gards as an assurance that his Majesty's government will not 3'ield to 
solicitations to intervene in any unfriendly way in the domestic affairs of 
the United States. It is evident that any encouragement to disaffection 



346 ANNUAL MESSAGE OF THE PRESIDENT. 

from abroad would thwart the efibrts of the President for a reconciliation 
and defeat his just expectations in that regard. It is a question, moreover, 
which involves important interests to all nations with which the United 
States are in commercial relation, and to all constitutional governments. 
The form of government which the people of the United States have adopted 
is one which experience has proven is best adapted for the peace and pro- 
tection of the States, for the welfare of the people, and for the development 
of the enterprise and resources of its vast territory. Nor has its influence, 
it is believed, been without its salutary eflect upon the fatherlands, whence 
that population has originally sprung. 

It has, however, been a government of example only as to other nations, 
and lias steadily pursued the policy of not interfering with their internal 
affairs. Under it close commercial relations have sprung up, particularly 
with all the western powers of Europe, and with the kingdom of the Neth- 
erlands have never for a moment — now more than three-fourths of a cen- 
tury — been interrupted. If at present there happen some inconveniences to 
the trading interests of the subjects of his Majesty, it will be the endeavor 
of the President to render them as light and transient as possible; and 
should anj' injury be sustained therefrom by the subjects of his Majesty, 
the President is determined, the undersigned is instructed to saj, that they 
shall, so far as it may rest with him, be amply indemnified. Should a state 
of civil war be precipitated, bj'- anj' cause whatever, those inconveniences 
would be turned into evils of a wide-spread and disastrous character to 
other nations. Not only would the channels of commerce be closed, or, at 
least, seriously interrupted, and the agricultural and mining products of the 
United States, many of which have become necessar}- for other nations, be 
withheld; but the j^olitical systems of Europe and the cause of well regu- 
lated and constitutional government would suffer everj'where. A state of 
anarchy must ensue if the revolution be pursued. It is not to be expected 
that an empire of thirty-one millions of souls can be broken up, and the 
glories and blessings of its free government be thrown away at the behest 
of six millions, one-half of whom only are of the white race. The policy 
hitherto has been, on the part of the general government, and will continue 
to be, to avert such a calamity; and in asking the non-intervention of 
friendly nations, while it pursues a course of peace itself, it demands, it is 
confidently believed, what is most consistent with the cause of humanity 
and good government everywhere. And to no power is this caution ad- 
dressed with more confidence than to his Majesty the King of the Nether- 
lands. 

The undersigned embraces this occasion to renew to his excellency Baron 
Van Zuylen Van Nijevelt the assurance of his high consideration. 

HENIiY C. MURPHY. 



3Ir. Minyhy to Mr. Seward. 

No. 55.] The Hague, April 30, 1861. 

Sir: I have the honor to transmit to you hereunto annexed a copy of the 
reply of the minister of foreign affairs to my note addressed to him on the 
8th instant, of which a copy was transmitted to you with my despatch. No. 
53, of the 10th instant. After reciting very particularh' the contents of 
that note, and expressing the regrets of his Majesty at the posture of our 
affairs and his hope that the difficulties will be surmounted, the minister 
concludes in these words: 



ANNUAL MESSAGE OF THE PRESIDENT. 347 

"The undersigned, in acquitting himself of the orders of the King, has the 
honor to bring at the same time to the knowledge of Mr. Murphy that, 
already in the month of December last, the envoy of the King- at Washing- 
ton had recommended to the Dutch consuls in the United States to abstain 
from all intervention in the political affairs of the country within their juris- 
diction, and that this requirement has been approved by the government of 
tlie Netherlands." 

If the note required an answer at this time, it certainly should have re- 
ceived something more to the point than this paragraph. I apprehend, how- 
ever, that this government will say nothing in regard to the recognition of 
the independence of the seceding States until the great powers of Europe 
have taken their ground, and that it will follow them if they be in accord. 

I have also the honor to acknowledge the receipt of your despatch No. 39, 
with the gold medal for Captain Van Albuy, of the Dutch bark Hendrica. 
I have, in accordance with your direction, transmitted the medal to the min- 
ister of foreign affairs, with a request that it be presented to Captain Van 
Albuy in the name of the President. 
I am, sir, yours respectfully, 

HENRY C. MURPHY. 

Hon. William H. Seward, dv., dc, &c. 



M. Zuylen de Nijevelt to Mr. Murphy. 
[Translation.] 

The Hague, ApHl 26, 1861. 

The undersigned, minister for foreign aflairs, has liad the honor to receive 
the note which Mr. Murphy, minister resident of the United States of America, 
has pleased to address to him on the subject of the existing complications 
of political affairs in the United States; the said note being accompanied, 
for the better understanding of the views of his government, by the address 
delivered by his excellency the President on assuming the administration of 
the federal Union. 

In calling, by his note, the attention of the undersigned to the exposition 
contained in the address of the wrongs alleged by some States of the Union, 
of their proceedings to attempt a separation, and the formation of a sepa- 
rated provisional government, as well as on the line of conduct which the 
federal government proposes to follow for the purpose of preserving peace 
and upholding the Union, Mr. Murphy further remarks, in explaining this 
part of the President's address, upon the character of the secessional move- 
ment, that the government of the United States is not merely a confederation 
but a Union, invested by the people of the different States with powers, ex- 
clusive and controllng throughout the republic — powers which, embracing 
the foreign relations and numerous details of domestic interest, operate over 
all the States and over their citizens collectively, so that, adds the note, any 
attempt of any State, of a number of States, or of any part of a State, to 
interrupt the exercise of the powers confided to the general government is 
revolutionary ; and any exercise, pretended or real on their part, of like 
powers, is usurpation. 

After having enunciated these principles as the basis of the general gov- 
ernment, and pointed out the mode established for the election of President, 
the minister resident enters into some details about the recent election of 
the actual Pi<esident; the result is, that on former elections the will of the 



6Ab ANNUAL MESSAGE OF THE PKESIDENT. 

majority lias been loyally submitted to, but that this example has not been 
followed by the minority in respect to Mr. Lincoln, whose election, further- 
more, is in nowise contested in regard of its constitutional validity. This 
fact the said note attributes to apprehensions entertained in the slave States 
that a blow might be aimed at this portion of their property — apprehensions 
which nothing in the intentions of the general government justify, but which 
have prepared the way upon which those States have rushed. 

Nevertheless and despite the fears excited among a noticeable portion of 
the American people, notwithstanding the attempt made to form an inde- 
pendent government, tlie government of the United States is persuaded, ac- 
cording to the note, that the great majority of the people in the separatist 
States will constantly preserve its regard for the Union of their fathers, 
their memory, their influence, and their greatness. But, independently of 
this fact, the mischiefs and disadvantages which a permanent dismemberment 
of the Union would draw, as well upon the separating States as upon the 
country generally, justifies the expectation that upon a calm review of the 
circumstances they will come back upon a better track. 

The President, flattering himself that he will see the harmonj' and unity 
of the government soon established, and relying on the friendship and good 
understanding existing between the two countries, expresses through the 
channel of Mr. Murphy his confidence that his Majesty the King of the 
Netherlands will not lend himself to applications for interference in the do- 
mestic affairs of the United States, unless in an amicable and conciliatory 
sense, nor to any encouragement whatever of the disaffected, which would 
only counteract the efforts of the President to bring about a reconciliation. 

Finally, Mr. Murphy wishes to give assurance that the President will 
strongly endeavor to lessen as much as possible the inconveniences which 
must result to commerce from tlie actual condition of things, and that he 
proposes to indemnify the injury which the subjects of his Majesty may suf- 
fer as far as may depend upon him. 

The undersigned having placed the above-mentioned note before the King, 
his Majesty was particularly grieved by its contents. He has charged me 
to signify this to the minister resident, adding that if he deeply deplores 
Ihe situation in which the United States are for the moment placed, never- 
theless he has been happy to witness tlie confidence which the government 
expresses of being able to surmount existing difficulties; that he entertains 
the most sincere wishes for the success of the efforts which will be made for 
the purpose of saving and preserving not only the interests of the States of 
the Union, but also the interests of the- political and commercial world in 
general. 

The undersigned, in acquitting himself of these orders by these presents, 
has the honor at the same time to bring to Mr. Murphy's knowledge that, so 
long ago as the month of December, the King's envoy at Washington di- 
rected the consuls of the Netherlands in the United States to abstain from 
mij interference whatever in political affairs in the districts of the consular 
offices, and that this prescription was approved afterwards by tlie govern- 
ment of the Netherlands. 

The undersigned seizes this occasion to reiterate to Mr. Murphy the assu- 
rances of his high consideration. 

DE ZUYLEN DE NIJEVELT. 



ANNUAL MESSAGE OF THE PRESIDENT. 349 

Mr. Murphy to Mr. Seivard. 

No. 56.] The Hague, Mmj 21, 1861. 

Sir: I have the honor to inform you that no communication has as yet 
been made to this g-overnment on behalf of the seceding States; nor, as far 
as I can learn, has any attempt been made by private persons to fit out 
vessels to attack our commerce. I have received a letter from an officer of 
the Dutch cavalry, tendering his services to the United States, but I have 
declined to forward the same to my government, assuring him that the people 
of the United States would dispose of the question themselves. On the 
other hand, it is not to be disguised that public sentiment here is much more 
favorable to the seceding States than it has been. The message of Mr. 
Davis, recently delivered to the congress of those States, has been exten- 
sively published here, in substance, not at full length, and has had much 
influence on the question from the specious ground of the Union being a 
mere confederation of independent States. Besides, Holland, or the Nether- 
lands, has had a bitter lesson of experience under similar circumstances. 
The rebellion of Belgium, in 1830, was resisted with all the power of this 
government, which would probably have succeeded in crushing it if England 
and France had not interfered, and the immense public debt with which 
this country is oppressed was then mostly incurred, while Belgium was, 
notwithstanding, lost. Reasoning from this point of view, there are not a 
few who regard the present position of the United States an expensive and 
useless effort. I state these circumstances for your information. 

The affairs of this country are in a prosperous condition. The great 
calamities by inundation both here at home and also in Java have shown 
that there is abundant resources to meet such misfortunes. They have 
called forth and received liberal contributions from private persons, without 
requiring any aid from the government. Political matters are quiet. The 
first chamber of the states general is now in session, and is engaged in 
considering the bills adopted by the other body, the most important of which 
arc those relating to the budget and the reorganization of the judiciary. 
I have the honor, sir, to be yours respectfully, 

HEN. C. MURPHY. 

Hon. William H. Seward, 

ySecrelary of State, &c., d-c, &c. 



Mr. Pike to Mr. Sexoard. 

[Extracts.] 



No. 1.] Legation of the United States, 

The Hague, June 8, 1861. 

Sir: I hasten to inform you that his Majesty the King of Holland received 
me to-day in private audience, agreeably to the prescribed ceremonial, and 
that I delivered to him in person my credentials as minister resident of the 
United States at this court. 

I arrived here on the first day of the present month and have waited till 
now for my audience. In my interview with his Majesty I took occasion to 
express the earnest desire of the President to maintain and cultivate those 
friendly relations that have so long and so happily subsisted between the 
United States and Holland, and especially with his Majesty's government. 



350 ANNUAL MESSAGE OF THE PRESIDENT. 

I further observed that it would be my cherished aim, as it would be my 
most pleasing duty, in the discharge of my official duties, to foster and 
promote the good understanding now existing between the two countries. 
The King received me graciously, and promptly came forward to receive 
my credentials, and at once entered upon some friendly inquiries as to 
whether I had been in the country before or had been elsewhere in the 
diplomatic service. I replied that our American diplomatists generally 
were not educated after the European method, and that we labored under 
some disadvantage in consequence. His Majesty remarked that he had had 
the pleasure to meet Mr. Buchanan in Holland after he had served in Russia 
and in England. After some further brief conversation, in which the King 
expressed his pleasure at making my acquaintance, the audience terminated. 
I found, on my arrival here, jonv despatch. No. 2, of the date of the 10th 
of May, covering a circular of the 6th of that month, in relation to agents 
of insurrectionary assemblages sent to Europe on errands hostile to the 
peace of the United States; also a copj' of a despatch of the 24th of April, 
addressed to the several ministers of the United States accredited to the 
maritime powers whose plenipotentiaries composed the congress at Paris 
the 16th of April, 1856, calling their attention to the importance of endeavor- 
ing to negotiate with those powers conventions upon the subject of the 
rights of belligerents and neutrals in time of war; also the draft of a 
convention in reference to the subject therein discussed, with a full power 
and instructions to execute the same with the government of the Nether- 
lands. I shall lose no time in communicating with the Dutch government 
upon the subject. Meantime I will observe that in an informal conversation 
with the minister of foreign affairs, since my arrival, I learned from him that 
Holland was the first power, not present at the convention referred to, to 
acquiesce in the propositions there laid down. 

I cannot learn that any agent or agents of the seceding States have ap- 
peared in Holland for any purpose connected with their revolutionary or 
warlike plans, and from what I see and hear 1 conclude that no countenance 
would be given to them if they should. 

The death of Count Cavour, the news of which reached here the morning 
of his decease, has ci-eated a profound sensation in diplomatic circles and is 
deeply deplored by the friends of Italy as an irreparable loss to that country. 

I beg to add that I have found my predecessor, Mr. Murplu', unceasing in 
his endeavors to facilitate my labors here, and it gives me unfeigned pleas- 
ure to bear this testimony in his behalf, and to the highly honorable position 
which I believe him to hold among his colleagues. 

I have the honor to be, with great respect, your obedient servant, 

JAMES S. PIKE. 

Hon. William H. Seward, 

Secretary of State. 



Mr. Pike to Mr. Seward. 

[Extract.] 

No. 2.] Legation of the United States, 

The Hague, June 12, 1861. 

Sir : I have taken the earliest opportunity to have an interview with the 
minister of foreign affairs upon the condition of the internal concerns of the 
United States, and also upon the subject matter of your despatch No. 2, to 
which I referred in my last. 



ANNUAL MESSAGE OF THE PEESIDENT. 351 

I assured him of the determined purpose of the United States govern- 
ment to put down the rebellion of the seceding States at all hazards, and 
stated its determination to adopt whatever measures are necessary to accom- 
plish that object. I explained to him the character of the rebellion, and 
showed it to be merely a w^ar in behalf of African slavery, and that if we 
had no slavery we should have no war and no rebellion. I further explained 
that the government possessed extraordinary means of ending the rebellion 
whenever it chose to employ them. The union of the States could be re- 
stored whenever the government saw lit to render the institutions of the 
several States homogeneous. For when thej' were once made free States 
there would be no wish to separate and no tendency to separation. But I 
observed that the government was desirous to adopt only moderate meas- 
ures, and hoped that such measures would be sufficient to cause the leaders 
of the rebellion to succumb and to restore peace. But to accomplish the 
high object of maintaining the government and preserving the territorj- of 
the country from dismemberraenf, it was ready to make any sacrifice of 
mere material interests that necessity demanded. I showed that the gov- 
ernment had abundant resources, and more men offering for the military 
service than it could employ. 

The minister of foreign affairs, in reply to my inquiries, informed me that 
no agent or agents of the seceding States had appeared here, though he had- 
heard they were in London. He said they would receive no countenance if 
they were to come. He observed that the Dutch government had considered 
the question of the proposed letters of marque to be issued by the seceding 
States, and were upon the point of issuing a proclamation and orders for- 
bidding the use of their ports by privateers, a copy of which he said he 
would furnish me as soon as issued. 

He expressed the opinion that the powers of Europe were unanimousl3^ in 
favor of the Paris declaration abolishing privateering, and said if the United 
States w^ould concur in it, that privateers would have to be regarded as 
" sea-robbers." He believed there would be no opposition to negotiating 
treaties, based on the propositions of the Paris conference, with all the 
European powers which had agreed to them, of which Holland was one. 

The minister seemed to be aware of the causeless character of the rebel- 
lion in the seceding States, and of the ability of the government to deal 
with it, concurring in the opinion that we had more men than were needed. 

He informed me that his government had ordered four ships-of-war to be 
in readiness to sail for America to look after its commercial interests there, 
and that tlie first ship would be despatched on the 15th instant, and that 
the others would speedily follow. I subsequently learned from the minister 
of marine that the fleet w^ould consist of two frigates and two brigs-of-war, 
and that after the flag-ship had communicated with the Dutch minister at 
Washington, the fleet would rendezvous at Curayoa, and spend the winter 
in the West India seas. 

I forebore to press the question of the immediate negotiation of a treaty 
in reference to privateering. Having satisfied myself of the favorable dis- 
position of the government in respect to the question, and having learned 
its intention to issue the proclamation and orders referred to, and intimated 
with sufficient distinctness the ground the United States government was now 
disposed to occupy on that subject, I thought it prudent to await further 
developments of the question by our ministers at the courts of France and 
England, whose example Holland would be sure to wait for. I did not deem 



352 ANNUAL MESSAGE OF THE PRESIDENT. 

it advisable to ask the government here to take a lead to v^hich I was aware 
it would be adverse. I shall be on the alert to seize the proper moment to 
recur to this subject. 

****** 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. William H. Seward, 

Secretary of Slate, Washington. 



Mr. Pike to Mr. Se^vard. 

[Extr.acl?.^ 



No. 3.] Legation of the United States, 

The Hague, June 14, 1861. 

Sir: I received yesterday your circular of the 20th of May, relating to 
the purchase of articles in Europe, contraband of war, for the use of persons 
in insurrection against the United States government. 

****** 
The extraordinary unanimitj'- and energy displayed by the government 
and loyal people of the United States in their measures to suppress the 
rebellion of the seceding States excites constant comment and high admira- 
tion in all quarters on this side of the Atlantic. The echoes of the first 
utterances of the British trading public, in favor of permitting the peace- 
able secession of the revolting States, have quite died away, and, instead, 
is now heard denunciation of the folly and madness of the secessionists, 
along with the expression of a general judgment that they will inevitably 
be forced to succumb. The growth of tins sentiment, fostered by the char- 
acter of the almost daily news from America, is strengthening the cause of 
the government on this side of the Atlantic and correspondingly weakening 
the cause of the secessionists. I think, therefore, that the whole weight of 
European opinion, which naturally desires a speedy end to the war, will 
soon be thrown in great force against the revolting States, and thus furnish 
important moral aid in putting an end to the struggle. I am satisried, from 
what has come under my personal observation, that the high tone adopted 
by the United States government in regard to foreign interference in behalf 
of the secessionists has had a most salutary influence upon the action of Euro- 
pean governments, great and small. Many of them have no objection to 
seeing the United States in difficulty; but they entertain a healthy appre- 
hension that our government may find a speedy way out of it, and retain a 
lively recollection of those who would take advantage of its temporary em- 
barrassments. 

I have the honor to be, with high respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. Wxr. H. Seward. 

Secretary of Stale. 



ANNUAL MESSAGE OF THE PRESIDENT. 353 



Mr. Seward to Mr. Pike. 

No. 6.] Department of State, 

Washington, June 14, 1861. 

Sir: Mr. Murphy's despatch of the 10th of April, (No. 53,) informing' us 
that he had submitted our circular letter, with an appropriate communica- 
tion of his own, to the Baron Zuylen, his Majesty's minister for foreign 
affairs, was duly received; and we have also received Mr. Murphy's despatch, 
No. 55, with which was transmitted a copy of the reply of the government 
of the Netherlands to the papers thus submitted to them. 

Mr. Murphy executed the duty committed to him in a very proper manner, 
and you are instructed to express to his Majesty's government the Presi- 
dent's high appreciation of the just and friendly sentiments which that gov- 
ernment has manifested and expressed in regard to the domestic disturbance 
in our country, which, happily, now daily loses something of the formidable 
character which it at first assumed. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

James S. Pike, Esq., &c., <&c., <&c. 



Mr. Pike to Mr. Seward. 
[Extract. ] 



No. 4.] Legation of the UNrrED States, 

Ihe Hague, June 16, 1861. 

Sir: I have obtained from the minister of foreign affairs copies of the 
proclamations about to be issued by this government in relation to the letters 
of marque recently issued by the Montgomery revolutionists. 

I have the honor to enclose the copies transmitted to me in the original 
Dutch. I see the instructions to ministers forbid the application of the con- 
tingent fund to pay translators, and I infer from this that the department 
prefers original documents. These papers warn the Dutch people against 
privateering, as an unlawful proceeding which may be deemed piracy, and 
they forbid the use of the ports of the Netherlands to privateers under any 
flag'. They reier also to the fact of the adhesion of Holland to the declara- 
tion of the congress of Paris, in respect to maritime rights, made in 1856. 
It will likewise be observed that the Dutch government abstains from fol- 
lowing the British example in excluding prizes brought in by ships-of-war. 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. Wm. H. Seward. 

Secretary of State, Washington. 



I [Translation.] 

In obedience to the King's orders the ministers for foreign affairs, of 
justice, and of the marine, present to tlie knowledge of all it may con- 
cern, that to guard against probable difficulties during the doubtful com- 
plications in the United States of North America, no privateers under any 

Ex. Doc. 1 23 



354 ANNUAL MESSAGE OF THE PEESIDENT. 

flag soever, or provided with any commission or letters of marque, or their 
prizes, shall be admitted into our havens or seaports, unless in case of marine 
disaster, and that requisite orders be issued that imder any circumstances 
such privateers and their prizes be required to go again to sea as speedily 
as possible. 

At the Hague. 
The ministers above named. 



[Translation.] 

The minister for foreign affairs and the minister of justice, by the King's 
authority, warn, by these presents, all inhabitants of the kingdom, that 
during the existing disturbances in the United States of America they in 
nowise take part in privateering, because the Netherlands government has 
acceded to the declaration upon maritime rights set forth by the Paris con- 
ference of 1856, whereby, among other matters, privateering is abolished, 
and no recognition of commissions got for letters of marque permitted. 
Also that commissions and letters of marque, in conflict with the aforesaid 
prohibition, which may issue to inhabitants of the Netherlands, cannot have 
a lawful cflect in behalf of the King's subjects, or of any abroad who are in 
subjection to the laws of the kingdom. Those who, under such circumstances, 
engage in or lend their aid in privateering to other people, will be considered 
as pirates, and prosecuted according to law in the Netherlands, and subjected 
to the punishment provided for the commission of such offences. 

The Hague. 
The ministers above named. 



[Translation.] 

The minister for foreign affairs, apprised by a communication from the 
minister of marine, that the King has authorized the naval force in the West 
Indies to be seasonably strengthened by his Majesty's steam frigate Zealand, 
and the screw propellers Dyambi and Vesuvius, for the purpose of giving 
protection to the trade and navigation of the Netherlands during the contest 
which seems to be in existence in the United States of North America, 
wherever it may be desired, therefore esteems it to be his duty to direct the 
attention of ship-masters, consignees, and freighters, to the peril to which 
their insurance against loss will be exposed by any violation of the obliga- 
tions imposed on neutral powers to respect actual blockades, and not to 
carry contraband of war, or despatches of belligerents. 

In these cases they will be subject to all the resulting losses that may 
follow, without the benefit of any protection or intervention on the part of 
his Majesty's government. Of which take notice. 

The Hague, June, 1861. 
The minister above named. 



ANNUAL MESSAGE OF THE PRESIDENT. 355 

3Ir. Seward to Mr. Pike. 

No. 8] Department of State, 

Washington, July 1, 1861, 

Sir: Your despatch of June 8 (No. 1) has been received. The President 
approves of your conduct and the sentiments you expressed on the occasion 
of your first audience by his Majesty. AVe are gratified by your confirma- 
tion of the high opinion we had formed of the fidelity and diligence of your 
predecessor. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
James S. Pike, Esq., &c., &c., &Q,. 



Mr. Pike to 3Ir. Seward. 



[Extracts.] 

No. T.] United States Legation, 

The Hague, July i, 1861. 

Sir : Referring to your last despatch, in which you say " the government 
has little time to think of its foreign relations, and when it does think of 
them, it is chiefly to consider how and in what way it can most effectually 
counteract the efibrts of the revolutionists to procure European intervention 
in their favor," I beg to observe that within my circle of observation I 
find no occasion to change the opinion I have heretofore expressed in regard 
to the general good dispositions of the European governments towards that 
of the United States. 

That there is any feeling of active sympathy, I should fear to allege. 
Every nation has its own peculiar, and to itself, important cares and diffi- 
culties, and each devotes the- most of its time and attentions to these, caring 
comparatively little for those of others except so for as they affect their own. 
The domestic disturbances of a country three thousand miles away is thus 
regarded with a philosophic equanimity, and I think I may say with very 
great indifference except in respect to the commercial bearing of the events 
occurring there. But if little especial sympathy is felt for the United States 
government, still less is felt for the insurgents, whose revolt is seen to have 
caused the dire calamities now existing. So that we may still be allowed 
to claim a balance in our favor of the good wishes of European governments. 

The revolutionary state of things in the United States has been, and is 
being very generally and thoroughly discussed in European journals, and all 
such discussion favors, of necessity, the cause of the government. This is 
especially true of the discussions in the German publications. * 

^ >}; ^; >i< ;i< ^c H< 5f< 

In Germany, where discussion always partakes more of an absolute na- 
ture than anywhere else, from causes not necessary to delineate here, Amer- 
ican affairs are more justly and comprehensively handled, and being more 
completely divested of their transitory features, results as I have stated. 

On the whole, I think our government and the people it represents have 
not, thus far, any adequate cause to complain of the attitude of European 
governments, or the state of European opinion, toward them. The insur- 
gents are nowhere in favor, and certainly have not received so much tolera- 
tion and encouragement in Europe as was extended to them by a portion of 



356 ANNUAL. MESSAGE OF THE PRESIDENT 

our own press and by the administration of Mr. Buchanan, previous to the 
breaking out of the war. ***** 

We all feel the deepest interest in the progress of events at home, and the 
utmost solicitude to do on this side of the Atlantic whatever is possible to 
further the ideas and purposes of our government. For my own part I am 
most anxious to go wherever, and to do whatever, I can to promote the de- 
signs and aid the labors of the administration in the great work devolved 
upon them. 

I have the honor to be, with the highest respect, your obedient servant, 

JAMES S. PIKE 

Hon. WiLijAM II. Seward, 

Secretary of Slate, Washington. 



Mr. Seward to Mr. Pike. 



No. 9] Department of State, 

Washington, July 8, 1861. 

Sir: Your despatch, No. 3, dated Juno 14th has been received, and the 
information which it brings is a cause of high satisfaction. Your proceed- 
ings in the various matters mentioned in that communication are approved. 
I am, sir, respectfully your obedient servant, 

WILLIAM H. SEWARD. 
James S. Pike, Esq., &c., &c., &c. 



Mr. Seward to Mr. Pike. 



No. 11.] Department of State, 

Washington, July 8, 1861. 

Sir: Your despatch, No. 4, dated June 16 has been duly received. 

You will, at the first convenient opportunity, make known to the minister 
of foreign affairs the satisfaction with which the United States has received 
intelligence of the prompt decision and friendly action of the government of 
the Netherlands on the subject of the disturbances occurring in our country. 

You will receive herewith, confidentially, a copy of my last despatch to 
Mr. Dayton on the subject of the profier of our adhesion to the declaration of 
the congress of Paris. It will serve, I think, to relieve your uncertainty, 
and to indicate the course you shall pursue. Only Great Britain and France 
have assumed to say to us that they regard our country as divided or 
broken, for any purpose, whether of war or of peace. And we have not 
thought proper to receive that communication from them. We treat as being 
the sovereign government over all the Union — the disloyal and the loyal, all 
alike — or we do not treat at all. This simple statement will, perhaps, be 
necessary to make the paper addressed to Mr. Dayton clearly intelligible to 
you. 

These latter remarks you will consider as confidential. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

James S. Pike, Esq., &c., &c., &c. 



AiraUAL MESSAGE OF THE PEESIDENT. 357 



Mr. Pike to Mr. Seimrd. 

[Extract.] 

No. 8.] United States Legation, 

The Hague, July 12, 1861. 

Sib: I have communicated to Baron de Zuylen, as directed, your high 
appreciation of the course of his government on our domestic affairs, as 
manifested and expressed in his reply to my predecessor's communication of 
the 8th of April last. 

I have the honor to be, witli great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. William H. Seward, 

Secretary of Stale, Washington. 



Mr. Seward to Mr. Pihe. 



No. 12.] Department of State, 

Washington, July 26, 1861. 

Sir: Your very interesting despatch of June 22 (No. 6) has been received. 
The President is gratified with the just and proper sentiments expressed by 
the government of Holland concerning the United States. 

Subsequently to the sending of my despatch to you concerning the affairs 
of the western powers in Japan, communications have been received from 
the Tycoon, and his ministers for foreign affairs, measurably supported by 
Mr. Harris, our excellent representatative there, urging a delay in opening 
the ports under the treaty in terms so strong that the President has con- 
cluded that I shall have a conference here with the representatives of the 
powers interested in the question. This conference will be held next week. 
You will be advised of whatever is considered. 

We have met a reverse in arms. But though at first it seemed appalling, 
because it was as severe as it was unexpected, yet the result is even now 
seen to be only a signal for greater effort and more determined resolution. 

I send you, confidentially, a copy of my most recent despatch to Mr. 
Adams. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

James S. Pike, Esq., &c., &c., &c. 



Mr. Seward to Mr. Pike. 



No. 15.] Department op State, 

Washington, August 15, 1861. 
Sir: We learn, in a manner which obliges us to give unwilling credit, 
that the Sumter, an armed steamer, well known through all the American 
seas to be a privateer fitted out for and actually engaged in depredations 
upon the commerce of the United States by some disloyal citizens, under the 
command of an officer named Semmes, on or about the 11th of July last, 
entered the port of Curafoa and communicated directly with the local author- 



358 ANNUAL SIESSAGE OF THE PRESIDENT. 

ities of that island; that she was hospitably received there and was permitted 
to take a large quantity of coals, (said to be 120 tons,) and also to take on 
board a large supply of provisions; that the privateer's crew was allowed 
entire freedom in the place; that when one of the crew had deserted, an order 
was given by the authorities of the port for his arrest; that the attempt 
for that purpose having proved unsuccessful, the same authorities pledged 
themselves that the arrest should be afterwards effectually made, and that 
the deserter should be held in custody, to be surrendered to the pirate captain 
on his return homeward to the island. 

You are instructed to bring this matter immediately to the notice of the 
government of the Netherlands. The subject of damages for so great a 
violation of the rights of the United States will be considered when we shall 
have properly verified the facts of the case. In the mean time you will ask 
the government of the Netherlands for any explanation of the transaction it 
may be able or see fit to give. You will further say that the United States, 
if the case thus stated shall prove to be correct, will expect, in view of the 
treaties existing between the two countries, and the principles of the law of 
nations, as well as upon the ground of assurances recently received from 
the goveror of the Netherlands, that it will disown the action of its 
authorities at Cura9oa, and will adopt efficient means to prevent a recurrence 
of such proceedings hereafter. If the case thus presented shall not be found 
entirely erroneous, or be very essentially modified, the United States will 
expect that the governor of the island of Curafoa will be promptly made 
to feel the severe displeasure of the government of the Netherlands, a coun- 
try with which we have lived on terms of unbroken friendship for three 
quarters of a century. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

James S. Pike, Esq , d^c, Sc, Sc. 



Mr. Pike to Mr. Seward. 



No. 13.] United States Legation, 

Tlie Hague, August 18, 1861. 

Sir: I avail myself of the departure of my predecessor, Mr. Murphy, for 
America, who sails in the Arago from Havre on the 20th instant, to send you 
this communication. 

The news from America to the 8th instant, which comes to-day by telegraph, 
is received with satisfaction. The continued successes in Missouri; the 
election of a majority of Union representatives to the Kentucky legislature, 
giving renewed assurance of the conservative position of that important 
State; the prevailing quiet in Maryland and Delaware; and the failure of 
the confederate commanders to take any advantage of their recent extra- 
ordinary good fortune, all tend to reproduce the general state of feeling 
that prevailed on this side of the Atlantic before the occurrence of the 
disaster at Bull Run. 

But there has never been anything here to correspond to what appears to 
have been the momentary depression and alarm felt at home after the repulse 
of our troops. The event was never regarded here to be of great signifi- 
cance, as it was a flight without a pursuit, and a victory of which the victor 
was not aware. 

The reverse seems now to be all summed up in the fact of a failure to 
advance on the part of the Union forces. 



ANNUAL MESSAGE OF THE PEESIDENT. 359 

Still it is not to be disguised that the obstacles to be overcome in reducing 
the insurgents are regarded to be formidable when the large armed force 
they have been able to bring into the field is considered. There exists, 
however, a consideration which seems to check confidence in their ability to 
hold out, resting on the general belief of their destitution of resources to 
maintain a large body of troops in the field, and that the lapse of time will 
thus operate unfavorably on their levies. 

Your despatch of the 26th of July (No. 12) is received. I am gratified 
to know that I am able to communicate anything which you deem of particular 
interest. 

It affords me still greater satisfaction to have your assurance in the copy 
of 3'our despatch to Mr. Adams, therewith enclosed, that "it is not likely 
anything will now be done here hastily or inconsiderately affecting our 
foreign relations." 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE 

Hon. William H. Sewakd, 

Secretary of State, Washington. 



Mr. Pike to Mr. Seward. 

[Extract.] 



No. 14.] United States Legation, 

The Hague, August 28, 1861. 

Sir: The mails of to-day bring intelligence from Amei-ica that the privateer 
steamer Sumter, bearing the so-called confederate flag, has been permitted 
by the authorities at Curacoa to enter and replenish her exhausted stock of 
fuel and supplies with Avhich to renew her career of depredation upon the 
commerce of the United States. 

I have instantly called the attention of this government to these reports, 
and have assured the minister of foreign affairs that, if they shall be borne 
out by the facts of the case, in view of the recent prompt and friendly 
action of the Dutch government in relation to privateering, they will be 
regarded by the government and people of the United States with equal 
regret and surprise. 

I think it will prove that the orders of the Dutch government to their 
colonial authorities to exclude privateers from their ports, which were issued 
about the middle of June, and of which I apprised you on the 16th of that 
month in my despatch No. 4, have by some means failed to reach Cura9oa. 
The ships which were sent out were expected to rendezvous at Cura9oa and 
winter in those seas. But they may be delaying their visit to avoid the 
heats of summer. I hope to be able to afford you more detailed information 
by the next mail, which want of time prevents me from obtaining now in 
season for this. 

I thought of suggesting the publication in our newspapers of the Dutch 
proclamations, copies of which I forwarded to you with the despatch referred 
to, but I concluded the department did not need my suggestions on that 
head. 

I have the honor to be, with great respect, your most obedient servant. 

JAMES S. PIKE. 
Hon. William H. Seward, &c., &c. 



360 ANNUAL MESSAGE OF THE PRESIDENT. 



3Ir. Pike to Mr. Seicard. 

No. 15.] United States Legation, 

The Hague, September 4, 1861. 

Sir : Since writing' to you on the 2Sth ultimo in regard to my action on 
the strength of the public reports in respect to the steamer Sumter, I have 
received your despatch, No. 15, under date of the 15th of August, and also 
its duplicate. 

I immediately addressed a communication to this government presenting 
the substance of that despatch. I have since had two interviews with Baron 
Van Zuylen, the minister of foreign affairs, on the questions involved and 
likely to be involved in the case. Mr. Van Zuylen has informed me that his 
government has received a brief communication from the governor of 
Cura9oa stating that the vessel in question put into the port of Oura9oa in 
distress, and was not a privateer. 

In the course of our first interview Baron Van Zuylen dropped the remark 
that it was probable the vessel was regarded as a ship-of-war of the so- 
called Confederate States, but he subsequently seemed to desire to withdraw 
the suggestion. 

I felt it to be my duty to protest against the idea that aid and countenance 
could be aflbrded by a friendly power to the Sumter, though she did assume 
the character of a ship-of-war of the insurgents. I claimed that were she 
afforded shelter and supplies on this ground by the authorities at Cura9oa, 
and should the Dutch government approve the act, it would be, substantially, 
a I'ecognition of the southern confederacy, and that in my judgment such 
an act would be regarded by the United States as an unfriendly, and even 
hostile act, which might lead to the gravest consequences. I held that 
nothing more need be asked by the so-styled Confederate States, as a practi- 
cal measure of recognition, than that a ship like the Sumter, claiming to be 
a national vessel of those States, should be permitted to enter the neighbor- 
ing ports of foreign nations, and there obtain the necessary means to enable 
her to depredate upon the commerce of the United States. That such a 
course on the part of any power, aggravated by the fact that she was unable 
to obtain such supplies at home, so far from being neutral conduct was 
really to afford the most efficient aid to the men who were in rebellion 
against their own government, and plundering and destroying the vessels 
and property of their fellow citizens on the high seas. I protested against 
such a doctrine as tending necessarily to the termination of all friendly 
relations between our government and any government that would tolerate 
such practices, whether that government were France or England, or Spain 
or Holland. I remarked that it was not for me to judge of the purposes of 
European powers in regard to the existing state of things in the United 
States; but if there were to be exhibited a disposition anywhere to take 
advantage of our present situation, I believed it would be found that such 
a course could not be taken with impunity now, nor without leading to 
alienation and bitterness in the future. 

Baron Van Zuylen hereupon explained that the earnest desire of his 
government was to maintain friendly relations with the United States, and 
to do nothing to interrupt the existing harmony between the two countries. 
That the point in question had not been considered by his government, and 
that the whole case should receive careful attention so soon as the facts 
relating to it could be ascertained. He has since sent me a note on the 
subject, which I enclose. 

The baron stated to me that the governor of Cura9oa had received the in- 
structions of the Dutch government, and the baron was of the opinion that 



ANNUAL MESSAGE OF THE PRESIDENT. 361 

tbo governor had paid too much attention to the letter, overlooking- the 
spirit of the instructions, which remark I took to mean, that as the gover- 
nor's instructions only ordered the exclusion of privateers and vessels not in 
distress, and that as the Sumter claimed to be a vessel of war, and to be in 
distress, the governor had sought to shield his action under this shallow and 
transparent device of the privateer, which could certainly deceive nobody 
who was not willing to be deceived. 

I presume there is no danger of the Dutch government taking an}' position 
on this question in haste, as that is not their way. It is quite probable they 
will take time to send to Cur9aoa for facts and particidars. Meantime the 
British government seem likely ta have to act on the same question, as I see 
the Sumter has been at Trinidad, which will afford them a precedent, for 
which I am the more sorry, as I learned enough while I was in England to 
satisfy me that that government was likely to indulge in loose practices in 
regard to vessels sailing under the confederate flag. 

But there is nothing in the circumstances or dispositions of this govern- 
ment, in my opinion, to induce them to exhibit unfriendliness to us or grant 
favors to the confederates, whatever there may be on the part of some of 
their slaveholding governors, of whom I infer him of Cura9oa to be one. I 
expect therefore to find the authorities here pursue a course void of offence 
towards the United States, however others may act. I shall make it my 
endeavor to induce the minister of foreign affairs to have sent out at once 
such instructions to the West Indies as will prevent the Sumter, or her con- 
federates, from making use of the Dutch ports in future, whatever their pre- 
tensions. 

Since penning the foregoing, and at the last moment before being com- 
pelled to close for the mail, I have had a third interview with Baron Van 
Zuylen. He states that the instructions sent out in June were framed pur- 
posely diflFerent from those of France, and excluded all reference to vessels 
of war, solely because that course was deemed more favorable to the United 
States government which had ships-of-war and no privateers. You will re- 
member that I called atteiition to this peculiarity at the time. 

In answer to my inquiry whether he would not immediately adapt his in- 
structions to cover such cases as that of the Sumter, information of which 
I was desirous to transmit by the next steamer, he replied that the subject 
was now under consideration in the colonial department. He insisted, how- 
ever, that the governor of Curagoa declared the vessel was admitted on the 
ground of her being in distress, she having carried away one of her masts, 
and that before admitting her he convoked his council, who recommend the 
course he pursued. 

I renewedly represented to Baron Van Zuylen the very grave character of 
this question and its vital importance to the commerce of the United States. 

Since the government here must by this time fully understand that our 
government is very much in earnest on this subject, I entertain the hope 
that they Mnll hurry their deliberations to a favorable conclusion. 

Allusion having been made on my part to the possible influence of slave- 
holding sympathies in this case, 1 was pleased to be informed by Baron Van 
Zuylen that the question of slavery had been finally determined in Holland, 
and that emancipation is to take place in all the Dutch colonies within two 
years. 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 

Hon. William H. Seward, 

Secretary of State, Washington. 



dbZ AIs^NUAL MESSAGE OF THE PEESIDENT. 

Baron Van Zuylen to Mr. Pike. 
[Ti-anslation.] 

The Hague, September 2, 1861. 

Sir: I have the honor to acknowledge the receipt of your communications 
of the 28th of August and of 2d of September. 

I hastened to communicate these notes to the minister of the colonies, and 
I hope to be enabled at an early day, and so soon as the reports of the 
Governor of Cura§oa respecting the affair of the steamer " Sumter" shall be 
known to me, to give you a reply upon this subject. 

Be pleased, sir, to accept the renevrcd assurance of my high considei'ation, 

DE ZUYLEN DE NIJEVELT. 

Mr. Pike, 

Minister Besident of the United States of America. 



Mr. Seward to 3Ir. Pike. 



No. 21.] Department of State, 

Washington, September 5, 1861. 

Sir: Your despatch of August 18, (No. 13,) has been received, and the 
opinions it expresses seem to be just, while the information it gives is very 
satisfactory. Treason is apt to mature its energies before it strikes the first 
blow; on the other hand, loj-alty is unapprehensive of danger and usually 
waits for conviction of the necessity for defence. Tlie course of this domestic 
civil war illustrates this maxim. The fortunes of the insurrection hang on 
immediate success and despatch; efforts, therefore, are made to secure it. I 
feel sure, on the contrary, that the government has been continually gaining 
strength with every expenditure of vigor it has made. You will be gratified 
to learn that the paper issued by the government is at par in the market 
where gold and silver are recognized as the only lawful tender in the pay- 
ment of debts. 

While you will not hold out inducements of rewards or bounties for soldiers, 
you may say, whenever it shall seem expedient, that any foreigners arriving 
in this country will probably find no difficulty in finding military employment. 

With a high appreciation of your discretion and vigilance, I am, sir, re- 
spectfully, your obedient servant, 

WILLIAM II. SEWARD. 

James S. Pike, Esq., SfC, d-c., &c. 



Mr. Pike to Mr. Seicard. 



[Extract.] 

No. 16.] Legation of the United States, 

The Hague, September 11, 1861, 

Sir: Subsequently to the interviews I had with the minister of foreign 
aifairs, of which I spoke in my last, and after the transmission to you of my 
despatch (No. 15) of the 4th instant, I addressed the following communica- 
tion to Baron Van Zuylen: 



ANNUAL JklESSAGE OF THE PRESIDENT. 363 

"Legation of the United States, 

" The Hague, September 1, 1861. 

" Sir: I do not understand this government to have yet distinctly conceded 
' bellig'erent rights' to the self-styled Confederate States. 

"In behalf of my government I beg to say that I trust Holland will 
not take this position now, and open the questions to flow thei-efrom. By 
doing so, this government may make an enemy of the United States, through 
the consequences growing out of that act. But Holland will not thereby 
make a friend of the rash and misguided men who lead the rebellion against 
the American government. For their object is to perpetuate and extend 
African slavery. With this object Holland can have no sympathy. Your 
government has just now determined to abolish that remnant of barbarism 
in your colonial possessions. 

" The slaveholders' rebellion cannot be successful. The United States has 
determined it shall not be, and that it will preserve the union of the States 
at whatever cost. 

"But even if we admit, for argument's sake, that some of the slaveholding 
States should be allowed hereafter to depart from the Union, still would the 
rebellion be unsuccessful in its objects, and hospitality shown to its progress 
be unavailing. The United States would be still resolute to defeat the 
purposes of the rebel slaveholder. They would do this by their own 
unaided efforts. They might readily co-operate with foreign powers to the 
same end. Such of those powers as hold possessions in America, wherein 
slavery has been abolished, would join in this object from motives of justice 
and humanity, as Avell as from considerations of policy and consistency. 
Those who have colonies where the practice still prevails would gladly con- 
cur in self-defence. England having abolished slavery, France having put it 
under her feet, the position of these two great maritime powers on this 
subject is fixed. The recent action of the French Emperor is conclusive as 
to tin; policy of that powerful monarchy. Spain, in her late trespass upon 
St. Domingo, has been constrained to formally stipulate that she will not 
reintroduce slavery in that island; Mexico and Central America will be only 
too eager to enter into stipulations that shall save them from any attempted 
spoliation, and preserve the condition of freedom from slavery for all their 
inhabitants now and hereafter. A common civilization throughout the 
world will look with favor on a common union to crush the offensive pur- 
poses of the rebellious slaveholder. His success, therefore, is out of the 
question. Unless the world is to go backwai'd, and history reverse its 
lessons, this rebellion in its leading purpose is foredoomed. Even govern- 
ments cannot save tliat against which humanity revolts. Surrounded by 
communities on the north, on the south, on the west, that have expelled 
slavery; the islands of the Caribbean sea nearly all emancipated from 
this pestilent system; the fabric of the rebellious slaveholder, which he 
is so madly ambitious to erect, were even its temporary' establishment 
possible, would soon be washed avv^ay by the attrition of surrounding influ- 
ence upon its crumbling foundations, and its remains left a ruin in the world. 

"It is thus neither just nor politic, in any point of view, for the povv^ers of 
Europe to do anything to encourage this abortive and criminal enterprise 
of the rebellious American slaveholder. For though they should do ever 
so much, the effort will be none the less abortive, through the operation of 
forces that governments cannot control. 

"The recognition of 'belligerent rights' to the party in question by England 

and France was a precipitate and unnecessary act. It was surely time 

enough to do this when the alternative presented an embarrassing situation. 

"The Dutch government has been wiser. In continuing to occupy the 

position of refusing all countenance to the authors of such a hateful rebel- 



364 ANNUAL MESSAGE OF THE PRESIDENT. 

lion, the Netherlands will do an act which will be viewed with the liveliest 
satisfaction by the United States, and, I may be permitted to add, one 
. worthy the traditions of this ancient and renowned state, and will set an 
example well worthy the respect and consideration of other nations. 
" The undersigned, &c., &c. 

"Baron Van Zitylex, d:c., &cP 

On the 9th instant I had an interview with Baron Van Zuylen, again 
urging him in the most earnest manner to issue such instructions to the Dutch 
authorities in the West Indies as would percmptorilj^ exclude from their 
ports every species of ci'aft set afloat by the secessionists. 

Baron Van Zuylen appears, and I have no doubt is, very desirous to do all 
he possibly can, under what he deems the requirements of public law, to 
carry out the wishes of the United States in this matter. He does not con- 
sider that his government has recognized belligerent rights, and desires not 
to be pressed on that point. I told him we had no desire to press him to do 
anything, except to issue such instructions to his colonial governors as will 
efifectually exclude the piratical vessels of the secessionists from making use 
of the Dutch ports. 

He asked then if we would consent to have our own ships-of-war excluded. 
I told him if that was necessary to relieve him from a dilemma, I did not 
know how far such an act might be tolerated for the sake of an advantage 
which we could procure in no other way. "We might not find fault, if thereby 
we found our interests advanced. But, of course, I could not undertake to 
commit my government on the point. I remarked that exclusion would not 
operate to our disadvantage, inasmuch as we had command of the sea, while 
it would be fatal to the plunderers, as they had no retreat at home. He in- 
timated that his government contemplated making the proposition to the 
United States. He also remarked that the course of our own government 
threw impediments in their way; for while we regarded the secessionists as 
rebels, we did not seem to treat them as such when taken prisoners, not even 
their privateers. I concluded the interview by renewedly urging every con- 
sideration I could adduce to induce him to issue the desired orders, and to 
lose no time in doing it. 

He will soon make a written communication on the whole subject, which 
I will forward at the earliest moment after receiving it. 

After my interview, I addressed Baron Van Zuylen the following note: 

" United States Legation, 
" The Hague, September 9, 1861. 

" Sir: Referring to our conversation of to-day, I beg to suggest that what 
appears to you a practical difficulty may, it seems to me, be properly over- 
•come by your government issuing orders to its colonial authorities to regard 
all armed vessels bearing the so-called confederate flag as privateers. They 
are so in fact, and they should not be allowed to shield themselves under any 
other pretext. Unless a vessel claiming to be a ship-of-war exhibit some 
prima facie evidence of being such, in her size, and in her other external 
symbols and aspects, which these piratical craft do not, the proper authorities 
may well claim the right to decline all investigation of the case, and assume 
her unlawful character. 

"The undersigned, &c. &c. 

" Baron Van Zuylen." 

********* 

I have the honor to be, with great respect, your obedient servant, 

JAMES S. PIKE. 
Hon. William H. Seward, Secretary of Slate. 



ANNUAL MESSAGE OF THE PRESIDENT. 365 

Mr. Pike to Mr, Seward. 

[Extract.] 

No. 17.] United States Legation, 

The Hague, September 18, 1861. 

Sir: The minister of foreign aflairs lias not yet furnished me with the 
promised communication on the Sumter case. 

On the 12th instant I addressed him tlie following note: 

"Sir: Referring to my recent communications to you on the case of the 
Sumter, I beg to say, in order to avoid all possibility of cavil or misappre- 
hension, that, in speaking of or alluding to the marauding vessels of the 
persons in rebellion against the United States government as ' privateers,' I 
refer to them as such only in the sense of their own pretensions; the United 
States government, as you are well aware, regarding them solely as piratical 
craft, and the persons engaged thereon as pirates. 
" I have the honor to be, &c., &c. 

" Baron Van Zuylen, dc, d-c." 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon, William H. Seward, 

Secretary of State, Washington. 



Mr. Seivard to Mr. Pike. 



No. 22.] Department of State, 

Washington, September 23, 1861. 

Sir: Your despatch of August 28, No. 14, has been received. We await 
with some interest the explanations of the government of the Netherlands 
concerning the affair at Gura^oa, but at the same time with very great confi- 
dence that it will be conformable to the good and friendly relations existing 
between the two countries. 

I am, sir, respectfully, your obedient servant, 

WILLIAM n. SEWARD. 
James S. Pike, Esq , c&c., f&c, Sc. 



Mr. Pike to Mr. Seivard. 



[Extracts.] 

No. 18.] United States Legation, 

The Hague, September 25, 1861. 

Sir: I have the honor to enclose the communication from the Dutch gov- 
ernment in reference to the Sumter case. Though dated the 11th, it did not 
make its appearance to mo till the 20th. 

You will perceive that the ground taken in regard to the harboring of the 
Sumter in the port of Cura9oa is, that it was the case of a vessel in distress. 

This paper, however, goes beyond the case in hand, and argues the claim 
of the seceding States to be considered belligerents, and their rights as such, 
besides going over the whole ground of the rights of neutrals. 



366 ANNUAL MESSAGE OF THE PEESIDENT. 

Baron Van Znylen makes out to his own satisfaction that the secessionists 
hold that position, and that this carries with it the right of hospitality, in 
neutral ports, to their ships-of-war. 

To my suggestion in my note of the 9th, that the Sumter was in no just 
sense a ship-of-war, but a privateer, or, as our government claims, a pirate, 
and that the want of the ordinary characteristics of a ship-of-war, besides 
the fact that she bore a strange flag of no recognized nationality, entitled us 
to ask of Holland, as a friendly nation, to assume her unlawful character. 
Mr. Van Zuylen opposes an argument to show that the Sumter was really a 
ship-of-war of the Confederate States, and that an impartial neutrality de- 
manded that she be so treated. He finds his support of his position that this 
was the Sumter's real character in the declarations of her captain and in the 
allegation of Harpers' Weekly. 

The minister of foreign affairs seems to admit the force of the argument I 
had previously urged, that it was inconsistent with all ideas of a just neu- 
trality that these marauding vessels of the secessionists could be allowed to 
make free use of the neighboring ports of a power holding friendly relations 
with the United States, for hostile purposes, and this, too, while deprived of 
all shelter or resource at home. And, in reply to my earnest request that 
he would cause to be issued to the Dutch colonial authorities in the West 
Indies orders against such use of their ports. Baron Nan Zuylen de Nijevelt 
declares, under cover of his general principles, that orders shall be issued 
in the sense of forbidding the use of the Dutch ports as the base of operations 
against United States commerce, or, as he phrases it, by either of the 
belligerents. 

In regard to this part of Mr. Van Zuylcn's communication, I will here 
observe that much will depend upon the character of these instructions, and 
not less upon the spirit in which they are executed. It is in the power of 
the Dutch government, and of its colonial authorities, to so act, upon the 
basis of the rule laid down on this head, as to avoid further cause of com- 
plaint on the part of the United States, and to efiectually prevent these sea 
robbers from making use of the Dutch ports as a means of pursuing their 
ravages; and I have so expressed myself to Baron Van Zuylen in the note 
of which I have the honor to annex a copy. I will add that I have confi- 
dence that such orders will be given. 

The following is a copy of my note to Mr. Van Zuylen: 

"United States Legation, 

The Hague, September 23, 1861. 

"Sir: I have had the honor to receive your communication of the iTth 
instant, which will, in due time, receive that attention its importance merits. 

" Meantime I desire to observe that, as must have been obvious to you, I 
have hitherto contented myself with advancing general considerations ap- 
pealing to the friendly dispositions of Holland, rather than in invoking the 
application of the strict rules of public law to the case under review. 

"The Dutch government exercises its undoubted right in overlooking such 
considerations, and in assuming the championship of a so-called neutrality, 
which insists upon treating a domestic disturbance as a war between equals. 

" For those who so desire, as I am sure Holland does not, it is easy to be 
persuaded of an incipient nationality in an insurrection, and to see a ship-of- 
war in every pirate that insults mankind with her depredations or shocks it 
with her crimes. 

" I have great satisfaction in learning from his communication that Baron 
Van Zuylen recognizes the force of the considerations I have had the honor 



A^^NUAL MESSAGE OF THE PRESIDENT. 367 

to present to him touching- the evident violation of a just neutrality which 
is involved in the free use of the ports of the Netherlands by the cruisers of 
persons engaged in piratical depredations upon the commerce and shipping 
of the United States, and also in learning that the government of his Majesty 
has determined that it will not permit its ports to he made the base of opera- 
tions against that commerce, and that instructions in this sense will be 
addressed to the governors of the Netherlands colonial possessions. 

"It is in the power of the Dutch government, acting upon the rule it has 
thus laid down, to issue such instructions to its colonial authorities as shall 
prevent further cause of complaint on the part of the United States, if those 
instructions shall be executed in good faith. 

"The United States government will rely upon the action of Holland in 
this respect, and will still confidently look for such a course on the part of 
the Dutch government as will aid it in driving the instigators of rebellion 
and plunderers of property upon the high seas from the haunts they infest, 
and in bringing them to condign punishment. 
" I have the honor, &c., &c. 

"JAMES S. PIKE. 

"Baron Van Zuylex, £c., &cP 

To-day I have addressed Baron Van Zuylen the following note: 

"United States Legation, 

''■The Hague, September 25, 1861. 

"Sir: I shall to-day forward your communication of the ITth instant to my 
government. I do it with reluctance, since its basis is found, as I have 
already remarked to you, in the assumption of the government of the Nether- 
lands that the domestic disturbance in the United States is a war between 
equals. 

" It cannot be supposed that the United States will consent to debate the 
question of an abridgment of their sovereignty^ with Holland or anj' other 
nation. 

"The United States are one whole undivided nation, especially so far as 
foreign nations are concerned, and Holland is, by the law of nations and by 
treaties, not a neutral power between two imaginary parties there, but a 
friend of the United States. There is in the United States, as there has 
always been since the establishment of the government, one political power, 
namely, the United States of America, con potent to make war and peace, 
and conduct alliances and commerce with loreign nations. There is none 
other, either in fact, or recognized by foreigi. nations. There is, indeed, an 
armed sedition seeking to overthrow the government, and the government 
is employing military and naval force to suppress it. But these facts do 
not constitute a war presenting two belligeicnt powers, and modifying the 
national character, rights, and responsibiliti: s, or the character, rights, and 
responsibilities of foreign nations. 

"That Holland should take a difierent viev.- of the case will, I am sure, be 
a subject of very deep regret to the United iitates. 

" The undersigned, &c., &c. 

"JAMES S. PIKE. 

" Baron Van Zuylen, d-c, &cP 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. Wm. H. Sewakd, 

Secretary of State, Washington, D. C. ^ 



368 ANNUAL MESSAGE OF THE PRESIDENT. 

Baron Van Zuylen to Mr. Pike. 
[Translation.] 

The Hague, September 17, 1861. 

Sir: The department of the colonies has just communicated to me the in- 
formation, transmitted by the governor of Cura(;oa, concerning the affair of 
the ship " Sumter," and I hasten to bring to your notice the following obser- 
vations, byway of sequence to the preliminary reply which I had the honor 
to address to you on the 2d of this month. According to the principles of 
the law of nations, all nations without exception may admit vessels of war 
belonging to a belligerent State to their ports, and accord to them all the 
favors which constitute an asylum. Conditions are imposed on said vessels 
during their stay in the port or foadstead. For example, they must keep 
perfect peace with all vessels that may be there ; they may not augment 
their crews, nor the number of their guns, nor be on the lookout in the 
ports or roadsteads for the purpose of watching after hostile vessels arriv 
ing or departing, &c. Besides, every state has the right to interdict foreign 
vessels of war from entrance to ports which are purely military. Thus it 
was that Sweden and Denmark, in 1854, at the time of the Crimean war, 
reserved the right to exclude vessels of war from such or such ports of 
their dominions. 

The neutral power has also the right to act like France, who, b}-- her dec- 
laration of neutrality in the war between the United States and the Con- 
federate States, under date of 9th June last, (Moniteur of 11th June,) does 
not permit any vessel of war, or privateer, of one or the other of the bel- 
ligerents, to enter and remain with their prizes in French ports longer than 
twenty-four hours, unless in case of refuge under stress. 

In the proclamation of the month of June, last, which was communicated 
to you with my despatch of the 13th, the government of the Netherlands has 
not excluded vessels of war from her ports. 

As to privateers, the greatest number of the maritime nations allows 
them the privilege of asylum upon the same conditions nearly as to vessels 
of war. 

According to a highly-esteemed author on the law of nations, (Haute- 
feuille, Droits et Devoirs des Nations Neutres, I, p. 139,) privateers may 
claim entrance into the ports of nations which have consented to accord 
asylum to them, not only in cases of pressing dangers, but even in cases in 
which they may deem it advantageous, or even only agreeable, and for ob- 
taining rest or articles of secondary necessity, such as the refreshments 
they may have need of. 

The terms of the proclamation of the Netherlands government, which 
admits privateers into Netherlands ports only in cases of distress, harmo- 
nize with this doctrine. 

Moreover, according to the information received from the governor of 
Cura9oa, the " Sumter" was actually in distress, and that functionary could 
not, therefore, refuse to allow the said vessel to enter the port. 

Strong in its amicable intentions, the King's government does not believe 
itself bound to confine itself to the defence of the conduct of one of its 
agents in the particular case under discussion. It is not ignorant that ic 
can or may hereafter be a contested question in such cases as to the reality 
of the distress in which stfch vessel or other would be, and that thus the 
subject of the admission generally of the Confederate States vessels would 
rest untouched. I, therefore, sir, think it opportune to look into the ques- 



ANNUAL MESSAGE OF THE PRESIDENT. 369 

tion to determine whether the Sumter should have been admitted at Cura9oa 
outside of the condition of well-assui'ed distress. 

It is evident that the reply to be made is dependent on another question — 
that is to say, was this vessel a man-of-war or a privateer? 

In the latter case, the Netherlands government could not, except in case 
of a putting' in compelled by distress, (relache forcce,) admit the Sumter 
into the ports of its territories. 

It is not sufficient to dispose of the difficulty by the declaration that the 
Sumter is, as is stated in your despatches, " a vessel fitted out for, and ac- 
tually engaged in, piratical expeditions," or " a privateer steamer." Such 
an assertion should be clearly proved, in accordance with the rule of law, 
" affirmanti incumhit prohatio." 

After having poised, with all the attention which comports with the 
weightiuess of the matter, the facts and circumstances which characterize 
the dissensions which now are laying desolate the United States, and of 
which no government more desires the prompt termination than does that 
of the Netherlands, I think I may express the conviction that the Sumter is 
not a privafeer, but a man-of-war — grounding myself on the following con- 
siderations: 

In the first place, the declaration of the commander of the vessel given 
in writing to the governor of Curacoa, who had made known that he would 
not allow a privateer to come into the port, and had then demanded expla- 
nations as to the character of the vessel. This declaration purported "the 
Sumter is a ship-of-war duly commissioned by the government of the Con- 
federate States." 

The Netherlands governor had to be contented with the word of the com- 
mander couched in writing. Mr. Ortolan, (Diplomatic de la Mer, I, p. 217,) 
in speaking of the evidence of nationality of vessels of war, thus expresses 
himself : 

" The flag and the pennant are visible indications, but we are not bound 
to give faith to them until they are sustained by a cannot shot." 

The attestation of the commander may be exigible, but other proofs must 
be presumed; and, whether on the high seas or elsewhere, no foreign power 
has the right to obtain the exhibition of them. 

Therefore the colonial council has unanimously concluded that the word 
of the commanding officer was sufficient. 

In the second place, the vessel armed for war by private persons is called 
" privateer." The character of such vessel is settled precisely, and, like her 
English name, (privateer,) indicates sufficiently under this circumstance 
that she is a private armed vessel — name which Mr. Wheaton gives them. — 
(Elements of International Law, II, p. 19.) 

Privateering is the maritime warfare which privateers are authorized to 
make, /or their own account, against merchant vessels of the enemy by virtue 
of letters of marque which are issued to them by the State. 

The Sumter is not a private vessel; is not the private property of uncon- 
nected individuals — of private ship-owners. She, therefore, cannot be a 
privateer; she can- only be a ship-of-war or ship of the State armed for 
cruising. Thus the Sumter is designated, in the extract annexed from 
"Harpers' Weekly," under the name of "rebel ship-of-war." 

Thirdly. It cannot be held, as you propose in your despatch of the 9th of 
this month, that all vessels carrying the confederate flag are, without dis- 
tinction, to be considered as privateers, because the principles of the law of 
nations, as well as the examples of history, require that the rights of war 
be accorded to those States. 

The government of the United States holds that it should consider the 
States of the south as rebels. 

Ex. Doc. 1 24 



370 ANNUAL MESSAGE OF THE PEESIDENT. 

It does not pertain to the King's government to pronounce upon the sub- 
ject of a question which is entirely within the domain of the internal regu- 
lation of the United States; neither has it to inquire whether, in virtue of 
the Constitution which rules that republic, the States of the south can sepa- 
rate from the central government, and whether they ought then, aye or no, 
to be reputed as rebels during the first period of the difficulties. 

But I deem it my duty to observe to you, sir, that, according to the 
doctrines of the best publicists, such as Vattel, III, c. 18, § 292, and Mr. de 
Rayneval, Droit de la Nation et des Gens, I, p. 161, there is a notable 
dift'erence between rebellion and civil war. " When," says Vattel, " a party 
is formed in the state, which no longer obeys its sovereign, and is strong 
enough to make head against him, or in a republic, when the nation divides 
into two opposing parties, and on one side and the other take up arms, then 
it is civil war." It is, therefore, the latter which now agitates the great 
American republic. 

But, in this case, the rights of war must be accorded to the two parties. 

Let me be allowed to cite here only two passages ; the one from Vattel, 
(II, c. 4, § 56,) which reads : "Whenever affairs reach to civil war the ties 
of political association are broken, or at least suspended, between the sove- 
reign and his people. They may be considered as two distinct powers; and, 
since one and the other are independent of any foreign authority, no one has 
the right to judge between them. Each of them may be right. It follows, 
then, that the two parties may act as having equal riglit." The other 
passngc is taken from the work of a former minister, himself belonging to 
the United States, Mr. Wheaton, who, in his Elements of International Law, 
c. I, p. 35, (Am. ed., part 1, p. 32,) thus expresses himself: " If the foreign 
state would observe absolute neutrality in the face of dissensions which 
disturb another state, it must accord to both belligerent parties all the 
rights which war accords to public enemies, such as the right of blockade, 
and the right of intercepting merchandise contraband of war." 

As for historic evidence, it will suffice to call to mind from ancient times 
the struggle of the United Provinces with Spain, and from modern date the 
war between the Hispano-American colonies and the mother country since 
1810, the war of independence of Greece from Turkey since 1821, &c. 

It will doubtless be useless to recollect, on this occasion, that the princi- 
ple to see only insui-gents in the States of the south, having neither sove- 
reignty nor rights of war, nor of peace, was put forward by England, at 
the breaking out of the war of independence of the Anglo-American colonies, 
in the vindicatory memoir published by the British court in 1178 in answer 
to the exposition of the motives for the conduct of France, which had lately 
signed, on the 6th day of February of that year, a treaty with the United 
States, in which they were regarded as an independent nation. 

But the court of Versailles set out from other principles, which she 
developed in " Observations on the Vindicatory Memoir of the Court of 
London," saying, among other things: " It is sufficient to the justification of 
his Majesty that the colonies had established their independence not merely 
by a solemn declaration, but also in fact, and had maintained it against tlie 
efforts of the mother countr3^" 

Existing circumstances seem to present the same characteristics; and if 
it is desired to treat the States of the south as rebels, and accuse them of 
felony, there might here be cited as applicable to the actual conduct of the 
United States towards the confederates the following remark of the court 
' of Versailles : "In advancing this proposition, (that the possession of inde- 
pendence, of which the French cabinet said the Americans were in the 
enjoyment in 1178, was a veritable ^felony,) the English minister had, with- 
out doubt, forgotten the course he had himself ta[ken towards the Americans 



ANNUAL MESSAGE OF THE PKESIDENT. 371 

from the publication of the declaration of independence. It is remembered 
that the creatures of the court constantly called upon the rebellion ven- 
geance and destruction. However, notwithstanding' all their clamors, the 
English minister abstained, after the declaration of independence, from 
prosecuting the Americans as rebels ; he observed, and still observes 
towards them, the rules of war usual among independent nations. Ameri- 
can prisoners have been exchanged through cartels," &c. 

The rights of war cannot, then, in the opinion of the King's government, 
be refused to the Confederate States; but 1 hasten to add that the recogni- 
tion of these rights does not import in favor of such States recognition of 
their sovereignty. 

" Foreign nations," says Mr. Martens, (Precis du Droit des Gens, 1. VIII, 
c. 3, § 264,) "cannot refuse to consider as lawful enemies those who are 
empowered by their actual government, whatever that may be. This is not 
recognilion of its legitimacy P 

This last recognition can only spring from express and official declaration, 
which no one of the cabinets of Europe has thus far made. 

Finally, and in the last place, I permit myself here to cite the example of 
the American privateer Paul Jones. 

This vessel, considered as a pirate by England, had captured two of his 
Britannic Majesty's ships in October, 1779. She took them into the Texel, 
and remained there more than two months, notwithstanding the representa- 
tions of Mr. York, ambassador of Great Britain at the Hague, who considered 
the asylum accorded to such privateer (pirate as he called it in his memoir 
to the states general of 21st March, 1780) as directly contrary to treaties, 
and even to the ordinances of the government of the republic. 

Mr. York demanded that the English vessels should be released. 

The states general refused the restitution of the prizes. 

The United States, whose belligerent rights were not recognized by Eng- 
land, enjoyed at that period the same treatment in the ports of the republic 
of the United Provinces as the Netherlands authorities have now accorded 
to the Confederate States. 

If the cabinet of the Hague cannot, therefore, by force of the preceding, 
class all the vessels of the Confederate States armed for war in the category 
of privateers, much less can it treat them as pirates, (as you call them in 
your despatch of the 12th of this month,) or consider the Sumter as engaged 
in a fillibustering expedition — "engaged in a piratical expedition against the 
commerce of the United States" — as it reads in your communication of the 
2d of September. 

Here again historic antecedents militate in favor of the opinion of the 
Netherlands government. 

Is there need, in fact, to remind you that at the outset of the war of Amer- 
ican independence, in 1778, the English refused to recognize American pri- 
vateers as lawful enemies, under the pretence that the letters of marque which 
they bore did not emanate from the sovereign, but from revolted subjects ? 

But Great Britain soon had to desist from this pretension, and to accord 
international treatment to the colonists in arms against the mother country. 

The frankness with which the King's government has expressed its con- 
victions in relation to the course to be taken towards the States of the south 
will, without doubt, be estimated at its just value by the government of the 
United States. 

It will perceive therein the well-settled intention to preserve in safety the 
rights of neutrality ; to lay down for itself and to follow a line of conduct 
equally distant from feebleness as from too great adventurousness, but suit- 
able for maintaining intact the dignity of the state. 

The government of the Netherlands desires to observe, on the occasion of 



372 ANNUAL MESSAGE OF THE PRESIDENT. 

existing affairs in America, a perfect and absolute neutrality, and to abstain 
therefore from the slightest act of partiality. 

According to Hubner, (Saisie do Batinients Neutres,) " neutrality con- 
sists in absolute inaction relative to war, and in exact and perfect impar- 
tiality manifested by facts in regard to the belligerents, as far as this impar- 
tiality lias relation to the war, and to the direct and immediate measures for 
its prosecution." 

"Neutrality," says Azuni, (Droits Maritimes,) "is the continuation in a 
state of peace of a power whi-ch, when war is kindled between two or more 
nations, absolutely abstains from taking any part in the contest." 

But if the proposition be admitted that all the vessels of the Confederate 
States armed for war should be considered prima yacie as privateers, would 
there not be a flagrant inequality between the treatment and the favors 
accorded to vessels of war of the United States and the vessels of the Con- 
federate States, which have not for the moment a navy properly so called? 

This evidently would be giving proof of partiality incompatible with real 
duties of neutrality. The only question is to determine with exactitude the 
distinctive characteristics between a privateer and a ship-of-war, although 
this may be difiScult of execution. Thus is ignored that which Count 
Reventlon, envoy of the King of Denmark at Madrid, drew attention to in 
n82, tliat there exists among the maritime powers regulations or conven- 
tions between sovereigns, which oblige them to equip their vessels in a cer- 
tain manner, that they may be held veritably armed for war. 

You express also, in your despatch of September 2, the hope that the 
Netherlands government will do justice to your reclamation, grounding 
yourself on the tenor of treaties existing between the Netherlands and the 
United States, on the principles of the law of nations, and, finally, upon the 
assurances you have received from the King's government. 

Amidst all the European powers there are few who have better defended 
the rights of neutrals, and have suffered more in this noble cause than Den- 
mark ; and one of her greatest statesmen of the close of the last century, 
Count Bernstorff, has been able to declare with justice, in his memoir of July 
28, 1193, a document that will long continue to be celebrated : "A neutral 
power fulfils all its duties by never departing fi'om the most strict impar- 
tiality, nor from the avowed meaning of its treaties." 

I have endeavored, sir, to show, in wliat precedes, that the government of 
the Netherlands has fulfilled conscientiously its first duty, and will adhere 
faithfully thereto. 

The cabinet of the Hague does not observe and will not observe less 
religiously the tenor of treaties. 

The treaty of the 19th of January, 1839, and the additional convention of 
the 26th of August, 1852, only relate to commerce and navigation; the only 
treaties that can be invoked in the present case are those of the 8th of 
October, 1782. 

I do not think it my duty to enter hei'e upon a discussion of principles on 
the question of deciding whether these treaties can still be considered as 
actually in force, and I will not take advantage of the circumstance that the 
cabinet of Washington has implicitly recognized, by the very reclamation 
which is the object of your despatches, that the treaties of 1782 cannot any 
longer be invoked as the basis of international relations between the Nether- 
lands ana the United States. 

I will only take the liberty of observing to you, sir, that the e xecutionof 
the stipulations included in those diplomatic acts would be far, in the present 
circumstances, from being favorable to the government of the republic. 

In fact, we should, in this case, admit to our ports privateers with their 



AXXUAL MESSAGE OF THE PEESIDENT. 373 

prizes, which could even be sold there by virtue of article 5 of the before- 
cited convention of 1182, on rescues. 

It would, perhaps, be objected that the treaty of 1*182, having been con- 
cluded with the United States of America, could not be invoked b}^ a part of 
the Union which had seceded from the central government, and I do not 
dissent from the opinion that this thorny questiou of public law would give 
rise, should the case occur, to very serious difficulties. 

But wc cannot lose sight of the fact that the treaty spoken of was con- 
cluded, even before the recognition of the United States by England in 1183, 
with the oldest members of the republic, among others, to wit, with Virginia, 
North Carolina, South Carolina, and Georgia, and that those States actually 
figure among the secessionists. 

In 1182 the republic of North America was only a simple confederation of 
states, remaining sovereign, united only for common defence, (Staatenbund) 
and it is only since the establishment of the Constitution, of the 11th of Sep- 
tember, 1181, that the pact which binds together the United States received 
the character which is attributed to it by Mr. Wheaton, also, (Elements of 
International Law,) of a perfect union between all the members as one people 
under one government, federal and supreme, (Bundestaat,) " a common- 
wealth," according to Mr. Motley in his pamphlet " Causes of the Civil War 
in America," p. 11. 

In view of this fundamental difference between the present character of 
the government of the United States and that of the party contracting the 
treaty of 1182, it would be difficult to refuse in equity the privilege of the 
secessionist States to avail themselves of it. 

It will, therefore, not escape your penetration that it is preferable, as well 
for the Netherlands as for the cabinet of Washington, to leave the treaty 
above mentioned at rest, and that, in excluding privateers from its ports the 
government of the Nethenands has acted only in the interests of the govern- 
ment of the United States, to which it is bound b}'^ feelings of a frifndship 
which dates even from the time of the existence of the republic of the united 
provinces, and which the King's government will make every effort to main- 
tain and consolidate more and more. 

According to the law of nations, the cases in which the neutrality of a 
power is more advantageous to one party than to the other do not affect or 
impair it; it suffices that the neutrality be perfect and strictly observed. 
The government of the Netherlands has not departed from it, therefore, in 
denying admission to the ports of his Majesty's territories to privateers, 
although at first glance this determination is unfavorable to the southern 
States. 

The difficulties which have actually arisen, and which may be renewed 
hereafter, the desire to avoid as much as possible everything that could 
compromise the good understanding between the governments of the United 
States and the Netherlands, impose on the last the obligation to examine 
with scrupulous attention ii^ the maintenance of the general principles which 
I have had the honor to develop might not in some particular cases impair 
the attitude of neutrality which the cabinet of the Hague desires to observe. 
If, for example, we had room to believe that the Sumter, or any other vessel 
of one of the two belligerent parties, sought to make of Cura9oa, or any 
other port in his Majesty's dominions, the base of operations against the 
commerce of the adverse party, the govermnent of the Netherlands would 
be the first to perceive that such acts would be a real infraction, not merely 
of the neutrality we wish to observe, but also of the right of sovereignty 
over the territorial seas of the state; the duty of a neutral state being to 
take care that vessels of the belligerent parties commit no acts of hostility 



374 ANNUAL MESSAGE OF THE PKESIDENT. 

within the limits of its territory, and do not keep watch in the ports of its 
dominion to course from them after vessels of the adverse party. 

Instructions on this point will be addressed to the g-overnors of the Neth- 
erlands colonial possessions. 

I flatter rnyself that the preceding' explanations will suffice to convince 
the federal government of the unchangeable desire of that of the Nether- 
lands to maintain a strict neutrality, and will cause the disappearance of 
the slightest trace of misunderstanding between the cabinets of the Hague 
and of Washington. 

Accept, sir. the renewed assurance of my high consideration. 

DE ZUYLEN DE NIJVELT. 

Mr. Pike, 3Hnider Resident of the United States of America. 



3Ir. Seicard to Mr. Pike. 



No. 23.] Department of State, 

Washington, September 28, 1861. 

Sir : By some accident our foreign mail missed the steamer. It is only 
just DOW that I have received your despatch of September 4, (No. 15.) 
The proceeding at Cura9oa in regard to the Sumter was so extraordinary, 
and so entirely contrary to what this government had expected from that of 
Holland, that I lose no time in instructing you to urge the consideration of 
the subject with, as much earnestness as possible. I cannot believe that 
that government will hesitate to disavow the conduct of the authorities if 
they have been correctly reported to this department. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

James S. Pike, Esq., ^v., S^-c, ^v. 



Mr. Seward to Mr. Pike. 



No. 24.] Department of State, 

Washington, October 4, 1861. 

Sir : I am just now informed by a despatch from Henry Sawyer, esq., our 
consul at Paramaribo, that on tlie 19th day of August last the piratical 
steamer "Sumter " entered that port, and was allowed by the authorities 
there to approach the town and to purchase and receive coals, to staj' during 
her pleasure, and to retire unmolested, all of which was done in opposition to 
the remonstrances of the consul. 

You will lose no time in soliciting the attention of his Majesty's govern- 
ment to this violation of the rights of the United States. They will be well 
aware that it is tlie second instance of the same kind that has occurred in 
regard to the same vessel in Dutch colonies in the West Indies. 

It is some relief of the sense of injury which we feel that we do not cer- 
tainly know that the authorities who have permitted these wrongs had re- 
ceived instructions from their home government in regard to the rights of 
the United States in tlie present emergency. AYe therefore hope for satis- 
factory explanations. But, in any case, you will inform that government 
that the United States will expect them to visit those authorities with a cen- 
sure so unreserved as will prevent the repetition of such injuries hereafter. 



ANJfUAL MESSAGE OF THE PRESIDENT. 375 

An early resolution of the subject is imperatively necessary, in order that 
this g-overnment may determine what is required for the protection of its 
national rights in the Dutch American forts. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

James S. Pike, Esq., SfC, Sfc, S^^o. 



3Ir. Pike to Mr. Seward. 



No. 20.] United States Legation, 

The Hague, October 9, 1861. 
Sir : Since my last (under date of October 2) I have received a letter 
from the United States consul at Paramaribo, of which the following' is a 
copy: 

"United States Consulate, 
"Port of Paramaribo, September 4, 1861. 

"Sir : I have the honor (but with chagrin) to inform you that the rebel 
steamer Sumter arrived at this port on the 19th of August, and left on the 
31st, having been allowed to coal and refit. I used my best endeavors to 
prevent it without avail. 

"I am, &c., 

"HENRY SAWYER." 

Immediately on the receipt of it I addressed the following note to the min- 
ister of foreign affairs. 

"The Hague, October 8, 1861. 

"Sir : I have just received a communication from the American consul at 
Paramaribo under date of the 4th of September last, which I lose no time 
in laying before your excellency. 

"The consul states." 

[See above.] 

"The reappearance of the Sumter in a port of the Netherlands, after so 
brief an interval, seems to disclose a deliberate purpose on the part of the 
persons engaged in rebellion against the United States government to prac- 
tice npon the presumed indifference, the expected favor, or the fancied weak- 
ness of the Dutch government. 

"During a period of forty-six days, during which we have heard of this 
piratical vessel in the West Indies, it would appear that she had been twice 
entertained and supplied at Dutch ports, and spent eighteen days under their 
shelter. 

"This can be no accidental circumstance. 

"In the multitude of harbors with which the West India seas abound, the 
Sumter has had no occasion to confine her visits so entirely to the ports of 
one nation, especially one so scantily supplied with them as Holland. And 
the fact that she does so is, in my judgment, not fairl}' susceptible of any 
other interpretation than the one I have given. 

"I feel convinced that the government of the Netherlands will see in this 
repeated visit of the Sumter (this time, it appears, without any pretext) a 
distinct violation of its neutrality according to its own views, as laid down 



o7b ANNUAL MESSAGE OF THE PRESIDENT. 

in your excellency's communication to me of the 1*1 th of September last, 
and a case which will call for the energetic assertion of its purpose expressed 
in the paper referred to, namely, not to allow its ports to be made the base 
of hostile operations against the United States. For that tlie Sumter is 
clearly making- such use of the Dutch ports would seem to admit of no 
controversy. 

"In view of the existing state of the correspondence between the United 
States and the Netherlands on the general subject to which this case belongs, 
and of the questions and relations involved therein, I shall be excused for 
the brevity of this communication upon a topic of so much importance and 
so provocative of comment. 

" The undersigned avails himself," &c., &c. 

I called to-day upon Baron Von Zuylen, but he was absent, and I shall not 
therefore be able to see him again before the close of the mail which takes 
this. And I do not know that an interview would in any way affect the 
existing state of things or give me any new information. This government's 
intentions are good; and it desires to avoid all difficulty with the United 
States, and with everybody else. 

As I stated in my despatch of the 25th September, I have confidence that 
orders have been given that will impede the operations of these vessels in 
Dutch ports hereafter, and probably drive them elsewhere. 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 

Hon. William H. Seward, 

Secretary of State, Washington. 



Mr. Seicard to Mr. Pike. 



No. 25.] Department of State, 

Washington, October 10, 1861. 

Sir: Your despatch of September 18 (No. 17) has been received. 

The delay of the government of the Netherlands in disposing of the 
unpleasant questions which have arisen concerning the American pirates in 
the colonies of that country is a subject of deep concern; and you are 
instructed, if 3'ou find it necessai-y, to use such urgency as may be effectual 
to obtain the definitive decision of that government thereon so early that it 
may be considered by the President before the meeting of Congress in 
December next. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

James S, Pike, Esq., &c., dtc, &c. 



Mr. Pike to Mr. Seward. 



[Extracts.] 

No. 22.] United States Legation, 

/ The Hague, October 12, 1861. 

Sir: After reflection, upon the reappearance of the Sumter, and her 
prolonged stay in the port of Paramaribo, (this time apparently without pre- 
text of any kind,) I have felt, in view of the position taken by the Dutch 



AXXUAL MESSAGE OF THE PRESIDENT. 377 

g-overnment in their communication to nic of the ITtb of September, tliat we 
were entitled to be specially informed of the precise interpretation which 
this goj^ernment puts upon their general declaration in the communication 
referred to, namely, that it will not permit its ports to be made the base of 
hostile operations ag-ainst the United States commerce. 

I have accordingly made the direct inquiry of Baron Van Zuylen, without 
waiting to hear what you have to say in response to that communication. 
In reply to my inquiry, Baron Van Zuylen has informed me that, previous to 
his receiving information of the appearance of the Sumter at Paramaribo, 
orders were issued by the department of the colonies, instructing the ciflonial 
authorities not to permit the repetition of the visits of the Sumter, and other 
vessels of the so-called Confederate States; and if they did make their ap- 
pearance in Dutch ports, to require them to leave within twenty-four hours, 
under penalty of being held to occupy a hostile attitude towards the govern- 
ment of the Netherlands. And further, that those authorities have also been 
instructed to forbid the furnishing of such vessels with more than twenty- 
four hours supply of fuel. These instructions, thus defined, are to the point. 
Whether they have been made general, and with that disregard of distinc- 
tions between the rights of mere belligerents and those of recognized nation- 
alities, enjoying pacific relations and acting under treaties of amity and 
friendship, that mark the communication to which I have adverted, I did not 
deem it pertinent to inquire, nor do I consider the inquirj^ of any value as 
regards the practical bearings of this case. 

In compliance with my request, Baron Van Zuylen has promised to furnish 
me with a copy of the order referred to, which, when received, I shall trans- 
mit to you without delay. 

Although this order, as thus described to me by Mr. Van Zuylen, only 
sustains the expectations I have expressed to you on two former occasions 
as to what the action of this government would be, yet, considering the pre- 
sent attitude of the question, it is a matter of some surprise to me that a 
copy of it should not havq been tendered without waiting to have it asked for. 

Taking it to be as herein described, I do not see that the position of this 
government, so far as its action is concerned, is amenable to very grave 
censure, whatever may be said of its theoretic views, since the Dutch ports 
are now, substantially, shut to the vessels. The restriction in regard to 
supplying fuel, if adopted by other powers holding colonies in the West 
Indies, will put an end to reioel operations by steam in those seas. 

I take some gratification in reflecting that my persistent appeals to the 
government to issue specific orders, on some ground, to their colonial autho- 
rities, looking to the exclusion of the piratical vessels of the seceding States 
from the Dutch ports, have not been wholly unavailing. That the government 
has argued against it, and declined acting on any suggestion I could make, 
is of small consequence, so long as they have found out a way of their own 
of doing the thing that was needed. 

Baron Van Zuylen has renewedly expressed great regret that any ques* 
tions should have arisen between the two governments. 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 

Hon. WiLLiAii H. Seward, 

Secretary of State. 



ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Pike to Mr. Seward. 

No. 23.] United States Legation, 

The Hague, October 16, 1861. 

Sir: I have the honor to enclose you the reply of the minister of foreign 
affairs to the communication I addressed to him on the 8th instant, in regard 
to the reappearance of the Sumter at Paramaribo, He states therein the 
character of the orders which have been sent to the colonial authorities, tcf 
which I referred in my last despatch, of October 12, (No. 22.) 

The British minister here. Sir Andrew Buchanan, expressed incredulity 
and surprise when I informed him this government had issued the order in 
question. He declared ^the British government would not do it, and that the 
United States would not under similar circumstances. He said it was giving 
ns an advantage, and was not therefore neutral conduct'. He added that 
Eussia asked Sweden to close her ports against both belligerents during the 
Crimean war, and England would not permit it, alleging that as Russia did 
not want to use them, and England did, it gave the former an advantage to 
■which that power was not entitled. The British government held that Sweden, 
as a neutral, had no right to alter the natural situation unless it operated 
equally. 

You see herein how thoroughly English ofiScials (and it seems to me all 
others) are imbued with the idea that the rights of a mere belligerent are 
the same as the rights of a nation, in cases like the one under consideration. 

I have received to-day a letter from our consul at Paramaribo, dated Sep- 
tember 20, in which he says the United States steamer Powhatan arrived 
there on the 14th in search of the Sumter, and left for Brazil the same day; 
also that the Keystone State arrived on the 18th on the same errand, and 
left on the 19th for the West India islands. 

Your despatch of the 28th of September, acknowledging receipt of mine 
of the 4th, has arrived. As you make no mention of mine of the 11th, it 
would seem another mail has missed. I wrote our despatch agent at London 
on the subject several days ago. 

He replies that my despatch of the 4th of September went on the 7th, and 
that of the 11th on the 14ih, which was in regular order. 

1 have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 

Hon. William H. Seward, 

Secretary of State, Washington. 



Baron Van Zmjlen to Mr. Pike. 
[Translation.] 



The Hague, October 15, 1861. 

Sir: By your despatch of the 8th of this month you have fixed my atten- 
tion on the arrival of the "Sumter" at Paramaribo, and you complain that 
on this occasion the said vessel was admitted into ports of the Netherlands 
during eighteen days out of the forty-six in which the Sumter had shown 
herself in the West Indian seas. 

You suppose that this is not a fortuitous case, and you demand that the 
government of the Netherlands, in accordance with the intentions mentioned 
at the close of my communication of the 17th September last, may not per- 



ANNUAL MESSAGE OF THE PEESIDENT. 6(d 

mit its ports to serve as stations or as base of hostile operations ag-ainst the 
United States. 

You have not deemed it your duty to enter for the moment on the discus- 
sion of the arguments contained in my above-mentioned communication, but 
you say that you wish to await preliminarily the reply of the cabinet at 
Washington. 

I may, therefore, on my part, confine myself for the moment to referring, 
as to what regards the admission in general of the Sumter into the ports of 
the Netherlands and the character of this vessel, to the arguments contained, 
in my communication of the 17th September, from which it follows, that if 
we do not choose to consider j^^rivia facie all the ships of the seceding States 
as privateers, and if, in the present case, the Sumter could not be, in the 
opinion of the government of the Netherlands, comprised among such, 
entrance to the ports of the Netherlands cannot be prohibited to that vessel 
without a departure from neutrality and from the express terms of the proc- 
lamation of the royal government. 

It has already been observed that the latter, in forbidding access to the 
ports of the Netherlands to privateers, favors the United States much more, 
among others, than the declaration of the 10th of June by the French gov- 
ernment, which, not permitting any vessel-of-war or privateer of the one or 
the other of the belligerents to sojourn with prizes in the ports of the empire 
for longer time than twenty-four hours, except in case of shelter through 
stress, {reldche forcee,) admits them without distinction when they do not 
bring prizes with them. But, without entering here into useless develop- 
ments, I think 1 may observe to you, sir, that the royal government, whilst 
refusing to treat as pirates, or even to consider as privateers, all the vessels 
of the southern States, has striven, as much as the duties of strict neutrality 
permit, to keep the Sumter away from our ports. When this vessel arrived 
at Paramaribo, the commanders of two ships of the French imperial marine, 
which were there at the time, declared to the governor of Surinam that the 
Sumter was a regular vessel-of-war and not a privateer. The commander 
of the Sumter exhibited afterwards, to the same functionary, his commission 
as commandant in a regular navy. 

Although there was no reason, under such circumstances, to refuse to the 
Sumter the enjoyment of the law of hospitality in all its extent, the governor, 
before referred to, strove to limit it as much as possible. Thus, although pit 
coal is not reputed contraband, if not at most, and within a recent time only, 
contraband by accident, it was not supplied to the Sumter except in the 
very restricted quantity of 125 tons, at the most sufficient for four days' 
progress. 

However, the government of the Netherlands, wishing to give a fresh 
proof of its desire [to avoid] all that could give the slightest subject for 
complaint to the United States, has just sent instructions to the colonial 
authorities, enjoining them not to admit, except in case of shelter from 
stress, {reldche forcee,') the vessels-of-war and privateers of the two belli- 
gerent parties, unless for twice twenty-four hours, and not to permit them, 
when they are steamers, to provide themselves with a quantity of coal more 
than sufficient for a run of twenty-four hours. 

It is needless to add that the cabinet of the Hague will not depart from 
the principles mentioned at the close of my reply of the Ulth September, of 
which you demand the application ; it does know and will know how to act 
in conformity with the obligations of impartiality and of neutrality, without 
losing sight of the care for its own dignity. 

Called by the confidence of the King to maintain that dignity, to defend 
the rights of the Crown, and to direct the relations of the state with foreign 
powers, I know not how to conceal from you, sir, that certain expressions in 



380 ANNUAL MESSAGE OF THE PRESIDENT. 

your communications above mentioned, of the 23d and 25th September last, 
have caused an unpleasant impression on the King-'s government, and do not 
appear to ine to correspond with the manner in which I have striven to treat 
the question now under discussion, or with the desire which actuates the 
government of the Netherlands to seek for a solution perfectly in harmony 
with its sentiments of friendship towards the United States, and with the 
observance of treaties. 

Tlie feeling of distrust wliich seems to liave dictated your last despatch 
of the 8th of this month, and which shows itself especially in some entirely 
erroneous appreciations of the conduct of the government of the Netherlands, 
gives to the last, strong in its good faith and in its friendly intentions, just 
cause for astonishment. So, then, the cabinet of which I have the honor to 
form part deems that it may dispense with undertaking a justification useless 
to all who examine impartially and without passion the events which have 
taken place. 

The news which has reached me from the royal legations at London and 
at Washington, relative to the conduct of the British government in the 
affair of the Sumter, can only corroborate the views developed in my reply 
of Itth September last, and in the present communication. 

It results from this, in effect, that not only has the British government 
treated the Sumter exactly as was done .at Cura^oa, since that vessel 
sojourned six or seven days at the island of Trinidad, where she was 
received amicably and considered as a vessel-of-war, but that the crown 
lawyers of England, having been consulted on the matter, have unanimously 
declared that the conduct of the governor of that colony of England had 
been in all points in conformity with the Queen's proclamation of neutrality. 

According to them the Sumter was not a privateer but a regular vessel- 
of war, (duly commissioned,) belonging to a state possessing the rights of 
war, (belligerent rights.) 

The Sumter, then, has been treated as a vessel-of-war of the United States 
would have been, and that vessel had the same right to obtain supplies at 
Trinidad as any vessel belonging to the navy of the northern States. 

Accept, sir, the fresh assurance of my high consideration. 

DE ZUYLEN DE NIJEVELT. 

Mr. Pike, 

Minister Resident of the United States of America. 



Mr. Seward to Mr. Pike. 



No. 26.] Department of State, 

Washington, October 17, 18G1, 

Sir: Your despatch of the 25th of September, No. 18, has been received. 
It is accompanied by a note which was addressed to you by Baron Van 
Zuylen, on the 1 1th day of Septembei: last, on the subject of the admission of 
the pirate steamer Sumter into the port of Cura9oa. 

I reproduce the account of that transaction, which was made by this 
government a subject of complaint to the government of the Netherlands. 
The steamer Sumter hove in sight of the port of Cura9oa on the evening of 
the 15th of July, and fired a gun for the pilot, who immediately took to sea. 
On his reaching the pirate vessel she hoisted what is called the confederate 
flag, and the same being unknown in that port, the pilot told the captain 
that he had to report to the governor before taking the vessel into port. 



ANNUAL MESSAGE OF THE PEESIDENT. 381 

The pilot having made this report, the governor replied to the captain that, 
according to ordei's from the supreme government, he could not admit pri- 
vateers into the port, nor their prizes, but in the case of distress, and there- 
fore tlie steamer could not be admitted before her character was pex'fectly 
known. 

In reply to this message the captain of the steamer remained outside of 
the port until the next morning, when he sent a despatch to the governor, 
by an officer, stating that his vessel being a duly commissioned man-of-war 
of the Confederate States, he desired to enter the port for a few days. The 
colonial court assembled the same evening, and, on the ground of the decla- 
ration and assurance of the privateer captain that the vessel is not a priva- 
teer, it was decided that she should enter the port, and she entered accord- 
ingly. 

The consul of the United States thereupon informed the governor, by a 
note, that the steamer was, by the laws and express declaration of the 
United States, a pirate, and that on her way from New Orleans to Curagoa 
she had taken and sent for sale to the Spanish island of Cuba several 
American merchant vessels, and on these grounds he asked upon what pre- 
text and conditions the unlawful steamer had obtained admittance into 
Cura9oa. 

The governor answered that, according to the orders received from the 
supreme government, neither privateers nor their prizes are to be allowed 
admittance to the ports or bays of this colony, save only in cases of dis- 
tress. But that this prohibition does not extend to vessels-of-war, and that 
the Sumter being a man-of-war, according to the rules of nations, could not 
be repelled from that port. 

The piratical vessel was then supplied, at Curagoa, with 120 tons of coals, 
and departed at her own time and pleasure. On receiving this information 
you were instructed to call the attention of the government of the Nether- 
lands to the proceeding of the governor of Curagoa, and to ask that the 
proceedings, if corre6tly reported, might be disavowed, and that the gover- 
nor might be made to feel the displeasure of his government. 

You performed this duty in due season by addressing a proper note to 
Baron Van Zuylen. On the 2d of September he acknowledged your note, 
and promised you an early reply on the merits of the subject. 

On the 17th of September he communicated this reply to you in the note 
which is now before me. 

I encounter a difficulty in giving you instructions for your reply to that 
paper, because, first, since the correspondence was opened, a similar case 
of violation of our national rights has occurred in the hospitalities extended 
to the same piratical vessel in the Dutch port of Pernambuco, and has been 
made a subject of similar complaint, which, as yet, so far as I am advised, 
remains unanswered; and, secondly, the note of Baron Van Zuylen promises 
that special instructions shall be speedily given to the colonial authorities 
of the Netherlands in regard to conduct in cases similar to those which have 
induced the existing complaints. I cannot, of course, forsee how far those 
instructions, yet unknown to me, may modify the position assumed by the 
minister of foreign affairs in the paper under consideration. 

Under these circumstances, I must be content with setting forth, for the 
information of the government of the Netherlands, just what the United 
States claim and expect in regard to the matter in debate. 

They have asked for an explanation of the case, presented by the admis- 
sion of the Sumter by the governor of Cura9oa, if one can be satisfac- 
torily given; and if not, then for a disavowal of that officer's proceedings, 
attended by a justly deserved rebuke. 

These demands have been made, not from irritation or any sensi- 



382 ANNUAL MESSAGE OF THE PRESIDENT. 

bility of national pride, but to make it snre that henceforth any piratical 
Yessel fitted out by or under the agency of disloyal American citizens, and 
cruising- in pursuit of merchant vessels of the United States, shall not be 
admitted into either the continental or the colonial ports of the Netherlands 
nnder auy pretext whatever. If that assurance cannot be obtained in some 
way, we must provide for the protection of our rights in some other way. 
Thus, the subject is one of a purel}' practical character; it neither requires 
nor admits of debate or argument on the part of the United States. If what 
is thus desired shall be obtained by the United States in any waj^ they will 
be satisfied; if it fails to be obtained through the disinclination of the 
government of the Netherlands, its proceedings in this respect will be 
deemed unfriendly and injurious to the United States. The United States 
being thus disposed to treat the subject in a practical way, they are not 
tenacious about the manner or form in which the due respect to their rights 
is manifested by the government of the Netherlands, and still less about 
the considerations or arguments upon which that government regulates its 
own conduct in the matter. They regard the whole insurrection in this 
country as ephemeral; indeed, the}' believe that the attempt at piracy under 
the name of privateering, made by the insurgents, has already well nigh 
failed. While, therefore, they insist that shelter shall not be afibrded to the 
pirates by nations in friendship with the United States, they, at the same time, 
are not unwilling to avoid grave debates concerning their rights that might 
survive the existing controversy. It remains only to say in this connexion 
that the course which the United States are pursuing in their complaints to 
the government of the Netherlands is not peculiar, but it is the same which 
has been and which will be pursued towards any other maritime power on 
the occurrence of similar grievances. 

With these remarks, I proceed to notice Baron Van Zuylen's communica- 
tion. You will reply to him that the United States unreservedly claim to 
determine for themselves absolutely the character of the Sumter, she being 
a vessel fitted out, owned, armed, sailed, and directed 'by American citizens 
who owe allegiance to the United States, and who neither have nor can, in 
their piratical purposes and pursuits, have or claim any political authority 
from any lawful source whatever. 

The United States regard the vessel as piratical, and the persons by whom 
she is manned and navigated as pirates. 

The United States, therefore, cannot admit that the Sumter is a ship-of-war 
or a privateer, and so entitled to any privileges whatever, in either of those 
characters, in the port of Cura9oa; nor can they debate any such subject with 
the government of the Netherlands. This will be all that you will need to 
say in reply to the whole of Baron Von Zuylen's note, except that portion of 
it which states, rather by way of argument than of assertion, that according 
to the information received from the governor of Cura9oa, (by the govern- 
ment of the Netherlands,) the Sumter was actually in distress, and that 
funtionary, therefore, could not refuse to allow the said vessel to eater the 
port. 

If this position shall be actually assumed by the government of the Nether- 
lands, two questions will arise: first, whether the fact that the Sumter was 
in distress was true, or a belief of the truth of that fact was the real ground 
upon which she was admitted by the colonial governor into the port of Cu- 
riKjoa; secondly, how far a piratical vessel, roving over the seas in pursuit 
of peaceful commercial vessels of the United States, and fleeing before their 
naval pursuit, but falling into distress herself, is entitled to charity at the 
hands of a State, friendly to the nation upon whose commerce her depre- 
dations are directed. 

It would hence be idle to occupy ourselves with a discussion of these 



ANNUAL MESSAGE OF THE PEESIDENT. 383. 

questions until we know that the government of the Netherlands determines 
to stand upon the main position from which they are derived. 

You will thei'efore ask the Baron Van Zuylen for an explicit statement on 
this subject. 

I cannot but hope, however, that the government of the Netherlands will 
come to the conclusion that it is wisest and best, in view of the relations of 
the two countries, to give such directions to its agents as will render fur- 
ther prosecution of this discussion unnecessary, while it will prevent similar 
injuries in future to our national dignity and honor. Should it determine 
otherwise, and not be able to place the conduct of the governor general at 
Cura9oa in a better light than it has already done, it will become necessary 
to consider what means we can take to protect, in the ports of the Nether- 
lands, national rights which cannot be surrendered or compromised. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

James S. Pike, Esq., &c., &c., &c. 



Mr. Pike to 3Ir. Seward. 



No. 24.] United States Legation, 

The Hague, October 23, 186L 

Sir: I had the honor to transmit to you, on the 16th instant, the last com- 
munication of this government in respect to the "Sumter" case, referring to 
tlie orders recently given to its colonial authorities, by which the stay of 
such vessels in Dutch ports is limited to 24 hours, and by which they are 
also forbidden to take on board more than 24 hours' supplj-- of coal. 

Considering these orders to be important, I have, in the following copy of 
ray reply to the Dutch government, ventured to express a qualified satisfac- 
tion at their issufe. I am in hopes you will adopt a similar view of the case, 
as I conceive this government to be well disposed towards the United States, 
and to consider that it has strained a point in our favor. 

1 doubt if England or France will do anything of the sort; but the course 
of Holland will, at least, furnish excellent grounds for some pertinent ques- 
tions in case they decline. 

I have informed Mr. Adams, and also Mr. Dayton and Mr. Schurz, of the 
final action of this government in this case. The copy of my note foligws, (to 
Baron Van Zuylen.) 

"United States Legation,- 

The Hague, October 22, 1861. 

"Sir: In reply to your communication of the 15th instant, which I have 
had the honor to receive, I take pleasure in assuring your excellenc}^ that it 
has been far from my purpose to say anything at any time which should 
occasion painful impressions on the part of his Majesty's government, or to 
nse language marked by impatience or irritation at the course of the govei'u- 
ment of the Netherlands. But while making this disclaimer, frankness com- 
pels me to add that I should not know in what more moderate terms to 
express my sentiments than those I have had the honor to employ in address- 
ing his Majesty's government. 

" I desire further to say, in respect to that part of your excellency's com- 
munication which refers to the recent orders given to the Dutch colonial au- 
thorities not to permit vessels engaged in pirating upon United States 



,384 A^^NUAL MESSAGE OF THE PEESIDENT. 

commerce to remain in tlieir ports more than 24 hours, and, when steamers, 
not to be furnished with more than 24 hours' supply of fuel, that, while 1 re- 
ceive the announcement with satisfaction, it is qualified by deep regrets at the 
position his Majesty's government has thought proper to take in placing the 
misguided persons in rebellion against the United States on a footing of 
equality, in a most important respect, ^with the government to which they 
owe obedience; for, though the orders in question deny shelter and aid to 
pirates, it is impossible to regard with complacency the fact that the exclu- 
sion operates equally against the vessels of the United States, denying to 
them that accustomed hospitality ever accorded by friendly nations. 

"Abstaining, however, now as heretofore, from any discussion on this 
topic while awaiting the reply of my government to your communication of 
the nth of September, I will only add that I feel assured the United States 
government will fully share these regrets, and I can only hope will not im- 
peach my expressions of satisfaction at the orders which j^ou inform me have 
been given in accordance with the rule of action laid down in that paper, 
notwithstanding the position falls so far short of that which the United 
States have confidently expected Holland would occupy on this question. 
" I pray, &c., &c. 

"Baron Van Zuylen, 8fC., SfC. 

I have had the honor to receive your despatch of the 4th of October, (No. 
24,) relative to the Sumter at Paramaribo, to which subject I have already 
given my attention. 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. Wm. H. Seward, 

Secretary of State, Washington. 



Mr. Seward to Mr. Pike. 



No. 28.] Department of State, 

Washington, October 30, 1861. 

Sir: Your despatch of October 9 (No. 20) has been received. We wait 
with much interest the result of your application to the government of the 
Netherlands for explanations of the hospitalities extended by its colonial 
authorities to privateers. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
James S. Pike, Esq., SfC., ^c, SfC. 



Mr. Seivard to Mr. Pike. 



No. 29.] Department op State, 

Washington, November 2, 1861. 
Sir: Your despatch of October 12 (No. 22) has been received. I learn 
with much pleasure that you have assurances which, although informal, 
lead you to expect that a satisfactory course will be adopted by his Majesty's 



ANXUAL MESSAGE OF THE PEESIDEXT. 385 

gOTernment in regard to the exclusion of privateers from the ports of the 
Netherlands. Awaiting- with some solicitude more definite information, 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
James S. Pike, Esq., Sc, &c., Sf3. 



Mr. Pike to Mr. Seward. 
[Extract.] 



No. 25.] UxiTEP States Legation, 

The Hague, November 6, 186L 

Sir: I duly received your despatch (Xo. 25) of the 10th of October, but 
have nothing by the last mail. I await your response to the communication 
of Mr. Van Zuylen of the Hth of September last. 

I have the honor to enclose you the reply of the minister of foreign affairs 

to mj note of the 22d of last month, a copy of which I forwarded to j'on in 

my last. 

■^ * *•* * * * * * 

********* 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. William H. Seward, 

Secretary of State, Washington. 



Mr. Van Zuylen to Mr. Pike. 
[Translation.] 

The Hague, October 29, 1861. 

Sir: I have had the honor to receive yonr letter of the 22d of this month, 
relative to the affair of the " Sumter," and it has been gratifying to me to 
learn from its tenor that you have received with satisfaction the information 
as to the measures adopted by the government of the Low Countries to pre- 
vent the return or the prolonged stay in its ports of vessels which, like the 
" Sumter," seemed to desire to use them as the base of their operations 
against the commerce of the adverse party. 

You regret only that the government of the King should have adopted 
the same treatment towards the war vessels of the seceding States and 
those of the United States. 

Without entering here into an extended discussion, rendered, moreover, 
almost superfluous by my two preceding communications, I shall merely 
permit myself, sir, in referring to their contents, to cause you to observe 
that, agreeably to the doctrine of the best publicists, neutrality imposes 
upon those nations which desire to enjoy its benefits a complete abstention 
from all that could establish a difference of treatment between the belligerent 
parties, and that this principle applies as well to the cases of civil war, or 
even of rebellion, as to that of an ordinary war. 

Ex. Doc. 1 25 



386 AXNUAL MESSAGE OF THE PRESIDENT 

Your government having' desired that measures should be taken to prevent 
a prolonged stay in our ports of tlie Sumter, or of other vessels-of-war of 
the seceding States, we have admitted the justice of this claim. But these 
measures could not reach exclusively one of the two parties; they were to 
be general, and the consequence of it is that the new instructions given to 
the governors of Cura^oa and of Surinam neither permit the vessels-of-war of 
the United States, except in the case of being compelled to put into a port, 
to sojourn in tlie ports of the Netherlands, in the West Indies, for a longer 
tiEie than twice 24 hours, (and not for only 24 hours, as you seem to believe.) 

Nevertheless, the privateers, with or without their prizes, are, as hereto- 
fore, excluded from the Netherland ports, and it is by an oversight, which I 
hasten to rectify, that the words " and the privateers" have been introduced 
into that part of my communication of the 15tli of this month which calls 
your attention to the instructions transmitted to the colonial authorities. 

Be pleased, sir, to accept the renewed assurance of my high consideration. 

DE ZUYLEN DE NIJEVELT. 

Mr. Pike, 

Minister Resident of the United States of America. 



Mr. Seward to Mr. Pike. 



No. 31.] Department of State, 

Washington, November 11, 1861. 

Sir: Your despatch No. 24, dated October 23, has been received. 

I learn from it that the government of the Netherlands has made an order 
which will, it is hoped, practically prevent the recurrence of such counte- 
nance and favor to pirates in the ports of that state as we have heretofore 
complained of. You will express to Baron Zuylen our satisfaction with this 
proceeding, viewed in that light, but you will be no less explicit in saying 
that this government by no means assents to the qualifications aflecting 
its claims as. a sovereign power upon the Netherlands by which the pro- 
ceeding is qualiiaed. 

Not only are we not seeking occasions for difference with any foreign 
powers, but we are, on the other hand, endeavoring to preserve amity and 
friendship with them all, in a crisis which tries the magnanimity of our 
country. Influenced by these feelings, 1 can only hope that no new injury 
or disrespect to our flag may occur in the ports of the Netherlands, to bring 
the action of their government again under review by us. 

I am directed by the President to express his approval of the diligence 
and discretion you have practiced in this important transaction. 
I am, sir, your obedient servant, 

WILLIAM H. SEWAED. 

James S. Pike, Esq., S^c., 8fc., S^-o. 



Mr. Seward to Mr. Pike. 



No. 32.] Department of State, 

Washington, November 11, 1861. 

Sir: Your despatch of Ootober 16 (No. 23) has been received. It con- 



ANNUAL IIESSAGE OF THE PKESIDENT. 387 

tains the reply of Mr. de Zuylen to the note you bad addressed to liim 
on the subject of the " Sumter" at Paramaribo. 

In another paper I have already communicated the President's views of 
the disposition of that. subject made by the government of the Netherlands, 
so that nothing- remains to be said on the subject which you have had oc- 
casion to discuss in the despatch now before me. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 



Mr. Seward to Mr. Pike. 



No. 33.] Department of State, 

Washington, November 23, 1861. 

Sir: Your despatch of November 6 (No. 25) has just been received. I 
have already anticipated and disposed of the principal subject which it 
presents. 

Felicitate the government of the Netherlands as we felicitate ourselves on 
the renewed auguries of good and cordial relations between friends too old 
to be alienated thoughtlessly, or from mere impatience. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
James S. Pike, Esq., S^c, 8fC., SfC. 



i 



TURKEY. 



Mr. Brown to Mr. Seward. 
[Extract.] 

Ko. 2.] Legation of the United States of America, 

Constantinople, May 29, 1861. 

Sir: 

^ * * * * * 

I had the honor, on the 25th instant, to receive your circular of the 20th 
ultimo, with its enclosure, addressed to the late minister resident, respecting 
the fitting- out of privateers in Turkey to act against the commerce of the 
United States, and shall give my faithful and vigilant attention to the orders 
which it contains. The minister resident, on his departure, gave me the 
" circulars " of the department, one of February 28, and the other of March 
9, 1861, of which he had not either acknowledged the receipt, nor made any 
use in carrying out the injunctions of the President. These, also, call for 
my immediate attention, and shall be faithfully executed. 

I would here take occasion to add that I am confident there is not now 
one citizen of the United States in this place animated with sentiments other 
than those of entire loyaltj' to the goveriiment of the United States, and of 
devotion to the cause of the. Union. Not only from the members of all the 
foreign legations resident here, but also from all foreigners in this city, I 
receive expressions of the most friendly nature in favor of the American 
Union. The unhappy and misguided position assumed by some of its 
southern States is deeply deplored and strongly condemned b}' them, and all 
entertain the hope that a returning sense of patriotism, and a correct view 
of their own interests, will, before long, restore peace and happiness to our 
great and prosperous countiy. These are, also, the sentiments expressed 
by all of the functionaries of the Sultan's government; and I believe it will, 
at any time, be easy for the legation to invoke the most friendl}^ conduct on 
the part of the Sublime Porto in behalf of the government of the United " 
States of America. 

I have the honor to be, sir, with great respect, your obedient servant, 

JOHN P. BROWN. 



Mr. Brown to Mr. Seward. 
[Extract.] 

Legation of the L^nited States, 

Constantinople, June 11, 1861. 
* * * * * * 

I do not believe that any agents of the " Confederate States " have, as yet, 
visited this place, and should any come here that the Porte would admit or 



390 ANNUAL MESSAGE OF THE PRESIDENT. 

recognize them. I receive from H. H. Aali Pacha, minister of foreign affairs, 
and H. H. ]\[ehemed Kibrish Pacha, grand vizier, repeated assurances of the 
most friendly sentiments towards the government of the United States, and 
expressions of warm syrapath}'- for the present unhappy state of popular 
excitement in the slave States of the Union. 

I have the honor to be, sir, respectfully, your obedient servant, 

JOHN P. BROWN. 
Hon. William H. Seward, 

Secretary of Stale. 



Mr. Brown to Mr. Seward. 



No. 4.] Legation of the UNriEO States of America, 

Constantinople, June 12, 1861. 

Sir: I have had the honor to receive your circular of the 6th of May, 
regarding the duties of the legation and consulates of the United States in 
Turkey, with reference to passports of American citizens and individuals 
found negotiating with this government for purposes hostile to the Union. 

I have sent a copy of this circular to each consulate of the United States 
in this empire, and have the honor to enclose herewith copy of the reply of 
the present consul general for Constantinople, Mr. David P. Heap, in whose 
loyalty to the government of the United States and fidelity to the Union I 
have every confidence. 

I have the honor to be, sir, with much respect, your obedient servant, 

JOHN P. BROWN. 

Hon. William H. Seward, 

Secretary of State, United States of America. 



Mr. Heap to Mr. Brown. 



United States Consulate General, 

Constantinople, June 12, 1861. 

Sir: I have the honor to acknowledge the receipt of your communication 
of the 10th instant, enclosing a circular from the honorable Secretary of 
State, dated May 6, on the subject of the delivery of passports to citizens of 
the United States. 

I will strictly conform to the instructions contained therein, and in no 
case will this consulate general grant its visa to the passport of any person 
of whose loyalty to the Union it has not the most complete and satisfactory 
evidence. This consulate general will exercise the utmost vigilance in 
counteracting the proceedings of any American citizen who, either personally 
or by agents, is found negotiating with the government or individuals for 
purposes hostile to the republic. 

I remain sir, with high respect, your obedient servant, 

D. P. HEAP, 
Consid General. 
John P. Brown, Esq., 

Charge d^ A f aires of the United States 

of America, Constantinople. 



ANNUAL MESSAGE OF THE PRESIDENT. 391 

J/r. Broion to Mr. Seioard. 
[Extract.] 

J\[o. 10.] Legation of the United States of America, 

Constantinople, July 11, 1861. 

I have had several conversations with T. H. Mohammed Kibrisli Pacha, 
the grand vizier, or prime minister, and Aali Pacha, minister of foreign 
affairs, on the subject of the troubles existing in the United States; and the 
latter recently requested me to offer you the strongest assurances on the 
part of the Ottoman government of its friendly sympathies, and its hopes 
that they may be soon settled in such a manner as will preserve the Union 
intact. H. H. warmly deprecated the principle of " secession," advocated by 
the southern States,' as ruinous to all governments, and especially to the 
great American republic, the strength' of which so much depends upon its 
unity. He expressed a warm interest in the future welfare and prosperity 
of the government of the United States, from which the sublime porte has 
received so many evidences of a sincere and disinterested friendship. 

The Sultan is acting with much energy of character, and introducing 
many salutary and greatly needed financial reforms in the government. His 
activity and intelligence have already rendered him very popular among his 
subjects, and inspire them with great hopes for the future of the empire. 
There exists perfect harmony and co-operation among all his ministers and 
other public functionaries. 

I have the honor to enclose a copy of the reply which I made to H. H. 
Aali Pacha, in response to his circular on the subject of the accession of his 
Majesty, communicated to the department in my despatch No._8; also copies 
of a letter from his highness, and my reply, on his recent appointment to the 
office of minister of foreign aifairs, which he has latterly filled only ad 
interim, and hope they will meet with your approbation. 

I have the honor to be, sir, with great respect, j'our obedient servant, 

JOHN P. BPtOWN. 

Hon. William H. Seward, 

Secretary of State, United States of America. 



Legation of the United States of America, 

Constantinople, June 26, 1861. 

Highness: I have had the honor to receive the letter which your highness 
was pleased to address me yesterday for the purpose of informing mo 
ofBcially of the decease of his Imperial Majesty Sultan Abd ul Majid, and 
the accession to the throne of his brother and legitimate heii', his Imperial 
Majesty Sultan Abd ul Aziz Khan. 

Deeply aifected by the decease of a sovereign whose .great goodness of 
heart and many generous impulses have engraved his memory in the minds 
of all, and which will distinguish the history of his reign, it is with much 
pleasure that I convey to the knowledge of the government of the United 
States of America the great qualities of his illustrious successor, his Impe- 
rial Majesty Sultan Abd ul Aziz Khan. 

The Pres'ident of the United States will receive with much interest the 
assurance which your highness has been pleased to convey to me of the in 



392 AJSfNUAL MESSAGE OF THE PEESIDENT. 

tention of his Imperial Majesty to continue to cultivate the friendly relations 
which have always so hapjDily existed between the government of the United 
States and that of the Ottoman empire — relations to which he attaches a 
very high appreciation. 

I avail myself, also, of the present occasion to renew to your highness 
assurances of my high respect and very distinguished consideration. 

JOHN P. BROWN, 

Charge cV Affaires ad int. 



[Translation.] 

No. 5232 i 103.] Sublime Porte, Bureau of Foreign Affairs, 

Juhj 15, 1861. 

Sir : I have the honor to inform you that his excellency Fuad Pacha has 
been called to the presidency of the supreme council of justice, confided, 
until his return, to his excellency Kiamil Pacha, and that m}' august master 
has deigned to appoint me his minister of foreign aifairs. 

The kind assistance which you have been pleased to give me, during my 
provisional direction of this department, is an assurance that you will con- 
tinue the same favor in my endeavors to strengthen still more the relations 
of friendship and harmony existing between our respective governments. 

I take occasion to offer renewed assurances of my high respect and per- 
fect consideration. 

AALi: 



Legation of the United States of America, 

Constantinojjle, July 16, 1861. 

Highness : I have had the honor to receive the letter you were so good as 
to write me, on the 15th instant, for the purpose of informing me that his ex- 
cellency Fuad Pacha, having been appointed president of the supreme council 
of justice, with which his excellency Kiamil Pacha has been charged until 
his return, his Imperial Majesty the Sultan has been graciously pleased to 
nominate you his minister of foreign affairs. 

I thank your highness for this communication and the kind expressions 
which it contains, and beg your highness to believe me most desirous of 
uniting with j'our highness in whatever may serve to strengthen the rela- 
tions of friendship and harmony so happily existing between our respective 
governments, and which owe so much to the friendly sentiments entertained 
by your highness for the United States. 

I hasten also to assure your highness of my perfect respect and most dis- 
tinguished consideration. 

JOHN P. BROWN. 



3Ir. Seward to Mr. Morris. 



No. 3.] Department of State, 

Washington, August 28, 1861. 

Sir: The despatch of Mr. Brown, secretary of legation, (No. 10,) dated 
July It, has been received. 



ANNUAL MESSAGE OF THE PEESIDENT. 393 

It is probable that, before receiving' these instructions, you will have 
already assumed the responsibility of asking an audience of the new Sultan, 
and tendering' him, on the part of the President, the proper congratulations. 
If this duty remains unperformed, you will take an early occasion for it, 
and will assure him that this government has learned, with sincere pleasure, 
of his accession to the throne under felicitous auspices, and of the favorable 
impression which his administration has made upon the minds of the people 
over whom he presides, as well as in foreign countries. Assure him that 
we shall suffer no occasion to pass by on which we can demonstrate the 
g'ood will and friendship of the United States for the g'overnmentof Turkey, 
and that we shall be happy if circumstances shall enable the two coun- 
tries to modify their commercial arrang'ements so as to increase intercourse 
between them. 

You will receive herewith new letters of credence addressed to his Impe- 
rial Majesty the present Sultan. 

Mr. Brown's account of the favorable sentim^ents of his Majesty towards 
the United States is especially gratifying. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

E. Joy Morbis, Esq., cfc, SfC, SfC, Gondantinople. 



SWEDEN 



Mr. Angel to Mr. Seward. 

[Extract.] 

No, 16.] Legatiok of the United States, 

Stockholm, May 22, 1861. 

The Swedish law is very strict against the violation of the rights of 
neutrals, and I am assured that there is no apprehension that any of the 
ports of this kingdom or of Norway will be prostituted to the wicked purpose 
of fitting out privateers. 

I have the honor to be, with much respect, your obedient servant, 

B. F. ANGEL. 



Mr. Angel to Mr. Seward. 
[Extract.] 



No. It.] Legation of the United States, 

Stockholm, May 30, 1861, 

Sir: 

Herewith I beg permission to enclose a copy of my note to Count Man- 
derstrom, minister of foreign affairs, transmitting copies of the President's 
proclamations establishing a blockade of the ports in the seceding States, 
which I hope may meet your approbation. 

I have the honor to be, with great respect, your obedient servant, 

BENJ. F. ANGEL. 
Hon. Wm. H. Seward, 

Secretary of State, &c., &c., (S:c. 



Legation of the Untted States, 

Stockholm, May 22, 1861. 

Sir: The President of the United States, in view of the disturbed and un- 
happy condition of public affairs in the southern portion of our confederacy, 
and in the exercise of what ho regards as a legal right and constitutional 
duty, has ordered and established an effective blockade of the ports in the 
several States of South Carolina, Georgia, Alabama, Florida, Mississippi, 
Louisiana, Texas, Virginia, and North Carolina, 



396 ANNUAL Mj:SSAGE OF THE PEESIDENT. 

I have the honor herewith to transmit to your excellency copies of the 
President's proclamations upon this subject, for the information of his Majesty's 
government, and I avail myself of the occasion to offer to your excellency 
the renewed assurance of my high consideration. 

BEN J. F. ANGEL. 
His Excellency Count Manderstrom, 

Minister of Foreign Affairs, d-c, &c., &c. 



Mr. Angel to Mr. Seward. 
[Extract.] 



No. 79.] Legation of the United States, 

Stockholm, June 4, 186L 

Sir: In my conference with Count Manderstrom to-day I was informed that 
no application has been made to the Swedish government on behalf of the 
people of the so-called Confederate States for their recognition as an inde- 
pendent nation, and although passports are not now required, either in 
Sweden or Norway, I am quite sure no agents are here from the seceded 
States for any purpose whatever. * * * * * 

I have the honor to be, with great respect, your obedient servant, 

B. F. ANGEL. 

Hon. William H. Seward, 

Secretary of State, &c., &c., &c., Washington. 



Mr. Angel to Mr. Seward. 

[Extract.] 



No. 83.] Legation of the United States, 

Stockholm, June 10, 1861. 

In the contest in which we are unfortunatel}^ engaged, it is of great im- 
portance to secure the good opinion of mankind, and I am gratified in being 
able to inform you that, so far as my reading and observations extend, the 
better informed European statesmen express the opinion that those charged 
with the administration of public affairs have acted with the greatest mode- 
ration and forbearance under circumstances which might perhaps have jus- 
tified retaliatory measures, and in their defence of constitutional law and an 
organized government against treason and revolution they will have the 
sympathy and best wishes of all conservatives on this side the Atlantic. 

I am, sir, your obedient servant, 

B. F. ANGEL. 



ANNUAL SIESSAGE OF THE PRESIDENT. 397 

3fr. Haldeman to Mr. Seward. 
[Extract.] 

ISTo. l.J Leqatiox of the United States, 

Stoclcholm, June 14, 1861. 

Siu: ******** 
Yesterday I called, by appointment, upon Count Manderstrom, minister of 
foreig-n affairs. Count M., in bclialf of his government, welcomed me most 
cordially to Sweden as the representative of the United States of America. 
Count Manderstrom informed me of the absence of his Majesty in Norway, 
whose return was daily expected, and that an early day would be fixed for 
the audience to present my letter of credence. During the interview he re- 
ferred to the condition of affairs in the United States, and expressed himself 
strongly- in favor of our government. 

From the limited opportunity I have had to judge, I have no hesitation in 

the declaration of the opinion that the sympathy of the entire north of 

Europe is almost unanimously in favor of the existing government of the 

United States. The emigration from this part of Europe having been to 

the northern or free States, they speak as if they would like to give active 

aid to their friends, relatives, and countrymen. 

********* 

I have the honor to be, with respect, your obedient servant, 

J. S. HALDEMAN. 

Hon. Wm. H. Seward, 

Secretary of State, &c., &c., &c. 



Mr. Haldeman to Mr. Seicard. 
[Extract.] 



No. 3.] . Legation of the United States, 

Stockholm, July 4, 1861. 

Sir: I have the honor, in reply to your circular of May 20, to inform you 
that I am almost confident no eflbrt or attempt to purchase articles contraband 
of war, or to fit out vessels in any port of Sweden, under letters of marque, 
need be apprehended. The public voice of this nation, represented by a free 
press, is clearly and emphatically in favor of my government, and view 
secession as a causeless rebellion, which ought to be suppressed by the 
strong arm of military law. Should, contraiy to my expectation, efforts be 
made by mercenary men to give in any manner assistance to the rebels, I 
have no doubt I shall receive information of the fact in time to call the at- 
tention of his Majesty's government to the subject. 

Frequently application has been made to me by honorable discharged 
oflBcers of the army of Sweden to know if their services would be accepted 
by my 'government, and on what conditions. I have replied that I have no 



398 ANNUAI. MESSAGE OF THE PRESIDENT. 

instructions on that subject, and can make no promises or arrangements on 

the part of my government. The question is asked if their passage-money 

would be paid on their arrival in America and entering the service. Two 

of these officers are eminent military engineers. 

********** 

I have the honor to be, with great respect, your obedient servant, 

J. S. HALDEMAX. 
Hon. William H. Seward, 

Secretary of State, SfC, SfO , Sfc. 



Mr. Seward to Mr. Haldeman. 



No. 2. J . Department of State, 

Washington, July 8, 1861. 

Sir: Your despatch of June 14 (No. 1) has just been received. Your sa£b 
arrival at j-our destination is a source of satisfaction, and the information 
you give concerning the tone and temper of public opinion in the north of 
Europe, with regard to the present embarrassment in our domestic affairs, 
is especially gratifying. 

I am, respectfully, your obedient servant, 

AVILLIAM H. SEWARD. 
Jacob S. Haldeman, Esq., SfC, SfC, SjX:. 



Mr. Seward to Mr. Haldennan. 



No. 3.] Department of State, 

Washington, July 25, 1861. 

Sir: Your despatch of June 26 (No. 2) has been received. So much of it 
as relates to the preservation of the archives, and other matters of subordi- 
nate interest, will be noticed in a distinct paper. 

The President is gratified by the account of the friendly reception you 
have received from his Majesty, and directs me to congratulate yon upon the 
good auspices under which your mission is commenced. You will lose no 
good opportunity for assuring the government of Sweden that the United 
States entertain the highest consideration and cherish the best wishes for 
his Majesty and the Swedish people. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Jacob S. Haldeman, Esq., 

Sfc, SfC., S(v., Stockholm. 



AJSTNUAL ilESSAGE OF THE PKESIDEXT. 399 

Mr. Haldeman to 3Tr. Seioard. 
^Extracts.] 

No. 5.] United States Legatiox, 

Stockholm, July 28, 1861. 
Sir: Since I last wrote quite a chang*e is visible in diplomatic circles in 
regard to American aflFairs. They now speak out openly that the govern- 
ment of the United States should act vigorously and efficiently; enforce the 
laws by the strong arm of military power; that the rebellion should be 
annihilated by force and not by compromise; that is a mistaken policy to 
suppose that delay and the holding out of the olive branch ever fitted rebels 
for grace, or brought them to a sense of their guilt. 

On the 29th of July the King joins his fleet in the Baltic, and will visit 
the coasts of Norway and Denmark; he will be absent some four or five 
weeks. Her Majesty at the same time visits her parents, the King- and 
Queen of Holland. Count Edward Piper, who has been appointed minister 
to the United States, is one of the first noblemen in Sweden, with a thorough 
English education and manners, and whose appointment was intended as a 
compliment to the United States. Count Mauderstrom informed me at our 
last conference that a large Swedish frigate would be sent to the American 
waters to protect Swedish interests against privateers if it should be neces- 
sary. From all quarters the firm and decided course of the administration 
is spoken of with respect and esteem; no one now seems to doubt of the 
speedy triumph of the government. 

I remain, with great respect, your obedient servant, 

J. S. HALDEMAN. 

Hon. William H. Seward, 

Secretary of State, Sfo., SfC, S^-o., JVashington. 



Mr. Seward to Mr. Haldeman. 



No. 4.] • Dep.^tmext of State, 

Washington, July 30, 1861. 

Sir: Your despatch of July 4, 1861, (No. 3,) has been received, and it is 
entirely satisfactory in regard to your own activity in jonv mission, and the 
favorable dispositions of the enlightened government to which you are ac- 
credited. 

We notice with much pleasure the willingness of military gentlemen of 
talent and experience in Sweden, as in other nations, to enter the army of 
the United States. It is a proof of a sympathy with our great cause of in- 
estimable value. We wish, indeed, that we were able to engage to accept 
all who should come. But this is impossible, for the reason that they are 
coming in unknown numbers from various European states, while at the 
same time a long repressed martial spirit has broken out among our own 
countrymen, which gives us more candidates than we have places for. 

Gradually we have taken into the service several able and spirited military 



400 ANNUAL MESSAGE OF THE .PEESIDENT. 

men from Prussia, Italy, France, and Hungary. I shall be happy to recom- 
mend any the government of Sweden may desire xjs to accept. 

* *' * 4f- * * * # «= 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Jacob S. Haldeman, Esq., 

^c, S^c, SfC, Stockholm. 



Mr. Seward to Mr. Haldeman. 

No. 5.] Department of State, 

Washington, August 19, 1861. 

SiK : Tour despatch (No. 4) of July 22 has been received. 

The announcement which you were requested to make, by his excellency 
Count Manderstrom, of the appointment of Count Piper as his Swedish and 
Norwegian Majesty's minister resident in the United States, has been re- 
ceived with much satisfaction. The filling of the mission in so acceptable a 
manner at this period is regarded by the President as an earnest of his Ma- 
jesty's friendly feelings towards the government of the United States, and 
you are directed to assure Count Manderstrom that the new minister will 
receive at our hands a most cordial welcome, and that no opportunity will 
be neglected of strengthening the ties of amity between the government of 
his Majesty and that of the United States. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

Jacob S. Haldeman, Esq., 

S^c, S^., 4rc., StocJcholm. 



Mr. Seivard to Mr. Haldeman. 
[Extrapt ] 



No. 6.] Department of State, 

Washington, August 19, 1861. 

Sir : 

:|e * * ^ * . 5i< 

* >t; H: * * * 

The information which you give concerning the temper and feeling of the 
government and people of Sweden is very gi'atifying. 

This government will find a sincere pleasure in doing all that shall be in 
its power to favor the safety and freedom of the commerce of Sweden in the 
ports of the United States not closed by the blockade. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
Jacob S. Haldeman, Esq., 

Sfc., Sfc., SfC, Stockholm. 



* 


* 


* 


* 


* 


* 


* 


* 


* 



ANNUAL MESSAGE OF THE PKESIDENT. 401 

Mr, Seward to Mr. Haldeman. 
[Extract.] 

No. 1.] Department of State, 

Washington, September *I, 1861. 
Sir: 

Your communications concerning' internal questions in Sweden are appre- 
ciated, and we hope that the succession to the throne may be settled in a 
manner satisfactory to the government, and conducive to the welfare of the 
enlig-htened people whom it so deeply concerns. 

We have already forgotten the reverse of our arms at Bull Run, which 
affected you so deeply, and the prospect of the restoration of the authority 
of the Union is entirely satisfactory. Our volunteer army will, I have no 
doubt, vindicate its character and win back the confidence of the country 
and its friends. 

I am, sir, your obedient servant, 

j» WILLIAM H. SEWARD. 

Jacob S. Halpeman, Esq., 

^"C, ^v., Sfc., Stockholm. 

Ex. Doc. 1 26 



PORTUGAL. 



Mr. Uorgan to Mr. Seward. 
[Extract.] 

iVo. 66.] United States Legation, 

Lisbon, April 6, 1861. 

During' the evening his Majesty inquired with interest as to the condition 
of affairs in the United States, but when 1 assured him, as I had before done 
on a similar occasion, that the Union would be preserved, his manner was 
more expressive of doubt than belief, though he replied that he hoped I was 
not mistaken, as it would be a great pity to see so fine a country ruined, and 
I regret to say that my colleagues, and European politicians generally, 
regard the disruption of the States as an established fact. 

******** 

With high respect, I have the honor to be your obedient servant, 

GEORGE W. MORGAN. 
Hon. W. H. Seward, Secretary of State. 



Mr. Morgan to Mr. Seward. 



No. 61.1 United States Legation, 

Lisbon, May 29, 1861. 

Sir: I have the honor to enclose a copy of my note to the government of 
H. M. F. Majesty on the subject of privateers. 

I have notified our consular agents of the importance of vigilance. 

Would it not be good policy to take into regufar commission a considera- 
ble number of our clipper ships, till our navy can be placed on a basis com- 
mensurate with the crisis ? 

The telegraph announces that the President has notified the foreign powers 
that he will discontinue diplomatic relations with any nation that recognizes 
the so-called Confederate States. 

I trust that it is true, for such a policy will produce good results, and is 
not less wise than it is dignified. 

If we come out of this contest triumphant, and the Union be preserved, 
our nation will be more powerful and more glorious, more loved and more 
feared, than ever before in our history as a nation. 

I have the honor to be, very respectfully, your obedient servant, 

GEORGE W. MORGAN, 

Hon. Wm. H. Seward, Secretary of State. 



404 ANNUAL MESSAGE OF THE PRESIDENT. 



United States Legation, 

Lisbon, May 21, 1861. 

Sir: A combination of individuals in certain of the southern States of the 
United States have raised the standard of insurrection, and under the pre- 
tended authority of the self-styled Confederate States of America have threat- 
ened to grant pretended letters of marque for the purpose of committing 
assaults on the lives, vessels, and property of good citizens of the United 
States, lawfully engaged in commerce on the high seas, and in the waters 
of the United States. And in consequence thereof, on the 19th day of April, 
1861, and the eighty-fifth year of the independence of the United States, the 
President, by formal proclamation, declared that if any person, under the 
pretended authority of the said so-called bul unrecognized Confederate States, 
or under any other pretence, shall molest a vessel of the United States, or 
the persons or cargo on board of her, that such person will be held amenable 
to the laws of the United States for the punishment of piracy. 

In the name, therefore, of the government of the United States, I have 
the honor to request that the government of H. M. F. Majestj'' may cause 
such measures to be taken as will effectually prevent any vessel from being 
prepared in any of his Majesty's ports for the aforesaid piratical purposes. 

Under the conviction that reliable information as to said insurrection will 
be gratifying to his Majesty's government, I briefly submit the following 
statement: 

1. The government of the so-called Confederate States has been neither 
recognized by any sovereign state, nor has it been acknowledged by the 
people it professes to represent. But, on the contrary, the combination of 
individuals who have usurped the title of a government refuse to submit 
their constitution to the ratification or rejection of the citizens of said States. 

2. The insurrectionists are wanting in the great elements necessary to 
successful war. Their ports are strictly blockaded ; their supplies are cut 
off, by land and by sea, and within themselves they are destitute of the 
means of carrying on a prolonged struggle. 

3. That while it may be difficult to predict the length of time which may 
be required to suppress the insurrection, yet in the future nothing can be 
more certain than are the vindication of the national fla^, and the perfect 
restoration of order and prosperity under the Constitution of the United 
States. 

It affords me great pleasure to renew to your excellency the assurance of 
my most distinguished consideration. 

GEORGE W. MORGAN. 
His Excellency M. Antonio Jose d'Avila, 

Secretary of State for Foreign Afairs, &c. 



ANNUAL MESSAGE OF THE PRESIDENT. 405 



Mr. Harvey to Mr. Seward. 

No. 6.] Legation of the United States, 

Lisbon, July 25, 1861. 

Sm : I have just had my first interview with Mr. d'Avila, the minister of 
foreign affairs, since being presented to the King, and desire to report its 
purpose and character. While no instructions have reached^me in regard 
to the desired action of this government concerning privateers, I considered 
it proper, in view of the facilities offered by the ports of Portugal and her 
colonies to prizes, to call the attention of the proper authorities to it at the 
earliest opportunity when I was in an official position to do so with effect. 

On the very day of my arrival here, and when I did not anticipate the 
painful delays and difficulties which have since occurred, I told General 
Morgan of my intention to ask for a proclamation excluding privateers, as 
soon as I was presented. He addressed a note to the foreign office on the 
2d instant, in which the general question was discussed at much length. 
And although he afterwards called several times upon Mr. d'Avila, no 
answer was obtained before his departure yesterday. 

These were the circumstances under which I felt it necessary to go for- 
ward and to ask for some decisive action. I told Mr. d'Avila frankly that I 
did not desire to signalize my advent here by any protracted correspondence, 
and least of all by a controversy, and that the sentiments which I had ex- 
pressed at my audience of presentation were those which really animated 
me. I informed him that a condition of affairs existed in the United States 
which required me to claim an early and positive expression of views by the 
Portuguese government on this subject, and therefore he must excuse my 
seeming urgency. He inquired if I adopted the note which General Morgan 
had addressed to him. I answered that I accepted the principle, but was 
willing to waive a correspondence, if .the object could be accomplished by a 
direct and candid interchange of opinions orally, when there would be less 
difficulty in understanding each other, and a readier mode of reaching a con- 
clusion promptly. He concurred in this suggestion, and said it reflected his 
own sincere dispositions. 

I then told him that a proclamation forbidding the ports of Poi'tugal and 
her colonies to privateers ■and their prizes, in explicit terms, would be satis- 
factory, and argued that, as Portugal had acquiesced in the treaty of Paris 
of 1856, there ought to be no difficulty in making this declaration. In order 
to strengthen the reason, I suggested that the proclamation might be made 
broad and general, because I most desired the assertion of a practical prin- 
ciple which would cover the case completely. He seemed to assent to the 
idea, and remarked that it was disembarrassed materially by the fact that the 
government of the United States had discountenanced the issuing of letters 
of marque. I told him that the government had not only done that, but that 
it deprecated and denounced the system, which certain insurrectionary and 
tumultuous assemblages of people had proclaimed with a professed authority. 

In order that no misapprehension might occur, I notified Mr. d'Avila that 
a proclamation or declaration which, in doubtful phrases or by implication, 
recognized the existence of any pretended organization in the United States, 
independent of the government which accredited me, and which alone has 
power to make treaties and conduct diplomatic intercourse, would be regarded 
as a most unfriendly act by the President. 

After again urging upon him reasons for an early decision, he explained 
that the cortes wei'e now in session night and day, but expected to adjourn 
soon, when he would lay the matter before the King's council, and obtain 
their opinion, which he thought would conform to my request. I asked him 



406 ANNUAL MESSAGE OF THE PRESIDENT. 

to name a convenient day when an answer might be expected. He declined 
fixing- a time certain, but expressed the belief that by the middle of next 
week the council could be convened, and this subject should have precedence 
over all others. 

In proposing a proclamation such as I have suggested, vessels-of-war and 
their prizes would be allowed entry to the ports of Portugal, which the Eng- 
lish and French governments have expressly excluded, putting them on the 
same footing with privateers. As I have acted upon my own motion in this 
matter, I submit it to your approbation. 

With high respect, your obedient servant, 

JAMES E. HARVEY. 
Hon. William H. Seward, 

Secretary of State. 



Mr. Harvey to Mr. Seward. 
[Extract.] 



No. 1.] Legation of the United States, 

Lisbon, July 28, 1861. 

Sir: Since my despatch (No. 6) of the 25th instant, information reached 

that plans were concerted by the parties who had recently applied for the 
privilege of fitting out a privateer, and others, to accept letters of marque 
from the so-called Confederate States, and to use some of the remote islands 
of Portugal as places of rendezvous for outfit and for the disposal of any 
prizes that might be taken. 

In view of the facilities ofiered for these nefarious enterprises in the 
Azores, Madeira, Cape de Verd, and other islands, as well as in the small Indian 
possessions of that kingdom, I felt it proper to address the note, of which a 
copy is enclosed, to the minister of foreign affairs, yesterday, as a means of 
inducing him to take immediate and decisive action on the subject. These 
facts will serve to explain the seemingly urgent tone of my note, which I 
thought demanded by the necessity of the case. 

I am, sir, very respectfully, your obedieut servant, 

JAMES E. HARVEY. 

Hon, W. H. Seward, 

Secretary of State. 



Legation of the United States, July 2*1, 1861. 

The undersigned presents his compliments to his excellency M. d'Avila, 
minister of foreign affairs of his most faithful Majesty, and begs leave to 
repeat in this form, for the convenience of a more precise understanding, 
the substance of the ideas which he had the honor to express in his inter- 
view with his excellency on the 25th instant. 

Portugal has acceded fully to the anti-privateering doctrine established 
by the declaration of the congress of Paris of April, 1856, to which the 
assent of the United States has recently been given. 

Opposed to the principle and practice of privateering, Portugal ought not 



ANNUAL MESSAGE OF THE PRESIDENT. 407 

to hesitate, as it appears to the undersigned, to declare by general procla- 
mation, as a general principle and rule, that her ports are no longer open to 
privateers or their prizes. 

This is the extent of the present request of the undersigned. He does 
not ask that Portugal shall make any particular application of the general 
rule to the peculiar and unhappy state of things now existing in the United 
States, nor that any unnecessary notice or cognizance should be taken of 
the disturbed condition of domestic affairs in the United States. Indeed, 
the government of the United States would not view with satisfaction any 
such superfluous and unnecessary expression of views or sentiments by 
any foreign power in regard to a state of things purely domestic, local, and 
temporary, to which a satisfactory termination will soon be placed by the 
ample power of the United States government. On the contrary, as the 
undersigned took occasion to assurehisexcellencyM.d'Avila, at the personal 
interview referred to, any declaration which recognized the existence, even 
by implication, of a pretended organization in the United States, independent 
of the government, which alone has the power to make treaties, and to 
conduct diplomatic intercourse, and the authority of which cannot be ques- 
tioned, would be considered as a most unfriendly act. 

As little as the government of the United States would pretend to inter- 
fere in an}' analogous question that might possibly arise between the gov- 
ernment of his most faithful Majesty and any of the provinces of his king- 
dom, can the United States be disposed to view with satisfaction any such 
expression as that suggested on the part of his or any foreign government. 
At the same time it is manifest that questions of the most embarrassing 
and even dangerous character are, at any moment, liable to occur, if unlaw- 
ful and piratical privateers, with unlawful prizes, should make their appear- 
ance in the waters of Portugal or her colonies, and it is with a view to the 
amicable anticipation of such possible contingencies that the undersigned 
has requested, and now repeats the request, that the government of his most 
faithful Majesty should simply carry out, to its natural and necessary conse- 
quence and application, the principle of the declaration of Paris above 
referred to, as having been fully acceded to by the enlightened government 
of his most faithful Majesty. 

The undersigned begs to add the expression of his hopes that in advance 
of the issue of the proclamation, which, under these circumstances, he be- 
lieves and expects will be issued at the earliest convenient day by his most 
faithful Majesty, the undersigned may be favored with an opportunity of 
seeing the proposed terms of the same, in order that, by means of frank 
interchange of views, there may be the more perfect certainty of such a 
friendly and reciprocally satisfactory harmony of views between the two 
governments as shall correspond to the sentiments already fully expressed 
by the undersigned on behalf of the President of the United States, and 
most satisfactorily and cordially responded to by his most faithful Majesty. 

In conclusion, the undersigned respectfully asks that this subject, in view 
of its importance and possible complications, may be brought to the early 
notice of his most faithful Majesty, so as to preclude the happening of 
events which might involve grave consequences, to which the interests and 
good will of both nations are alike opposed. He appreciates the reasons 
which have been assigned for the delay, since the subject was first presented 
by his immediate predecessor, in a note to his excellency M. d'Avila, dated 
on the 2d of July; but urgent considerations have recently arisen which 
require the undersigned to submit this request on behalf of the government 
of the United States. 

The undersigned avails himself of this occasion to renew the assurances 
of his most distinguished consideration. 

JAMES E. HARVEY. 



408 ANNUAL MESSAGE OF THE PKESIDENT. 



Mr. Harvey to Mr. Seward. 

No. 8.] Legation of the United States, 

Lisbon, July 30, 1861. 

Sir: I received a note from Mr. d'Avila, the minister of foreign affairs, 
yesterday, requesting an interview with me at 4 o'clock. I called at the 
foreign office at the appointed hour, and he immediately presented the 
original draft, in Portuguese, of a proposed proclamation, of which I enclose 
a translated copy, marked No. 2. After hearing it read and reduced into 
English, I expressed my acceptance of its general scope and spirit, but ex- 
pressly demurred to the declaration at the end of article 2, by which armed 
vessels are placed in the same category as privateers in regard to prizes. 
Although I knew it was of no practical importance to the United States 
under present circumstances, it was easy to foresee that in the event of war 
with England or France, and with their ability to blockade our ports, that 
prizes taken by American ships-of-war would be thus excluded from Portugal 
and her possessions. Hence my objection to that point. I told Mr. d'Avila 
that it went beyond the treaty of Paris, upon which the proclamation was 
professedly predicated, and that it did what I had sought to avoid by intro- 
ducing indirectly our domestic question. He said his object was to exclude 
the prizes of vessels-of-war of the so-called Confederate States, in case they 
should create a navy, and thus to guard against any future complication. 
To this suggestion I answered that, as we were not dealing with supposi- 
titious or hypothetical cases, it was necessary to adhere to the practical 
question, and, as M^e had stated, on the basis of the declaration of Paris in 
regard to privateering and his own preamble set out with that statement, 
the introduction of any extraneous matter would be not only irrelevant, but 
likely to defeat the object which both sides alike professed to have in view. 
He did not respond to this suggestion, but agreed to let me take the rough 
draft, in order that I might submit whatever observations might occur to 
me as appropriate. 

I prepared the accompanying note (marked No. 1) this morning, and sent 
it to Mr. d'Avila an hour ago. 

There are two councils before which such questions are considered; first, 
the council of ministers or the cabinet; and second, the council of state, 
which is a larger body, and includes the cabinet and other distinguished 
persons. I understood Mr. d'Avila to say that the draft of the proclamation 
had been laid before the former, and approved by them, and that my pi'o- 
posed amendment must, therefore, be presented at another meeting. I 
have reason to believe that my note of Saturday precipitated this action, 
which, in a country where diplomacy is proverbially slow, exhibits unusual 
promptitude. 

I am, sir, very respectfully, j'^our obedient servant, 

JAMES E. HARVEY. 

Hon. W. H. StWARD, 

Secretary of State, Washington City. 



ANNUAL MESSAGE OF THE PKESIDENT. 409 



No. 1. 

Legation of the United States, 

July 30, 1861. 

The undersigned presents his most respectful compliments to his excel- 
lency M. d'Avila. and referring to the conversation he had the honor to 
have with his excellency yesterday, and repeating his thanks for his excel- 
lency's courtesy in showing him the draft of the proclamation contemplated 
by the government of his most faithful Majesty, as a proper consequence 
and application of the principles adopted by Portugal by her adhesion to 
the declaration of Paris of April, 1856, he begs leave to submit the follow- 
ing observations to his excellency's enlightened consideration: 

The declaration of Paris abolished privateering. It would seem to follow 
as a necessary logical consequence to all powers acceding to the same, that 
under no circumstances (except those of force, vnajeia-e, and brief, indispensa- 
ble hospitality, in view of the laws of humanity) ought their ports to be 
open to the admission of privateers or their prizes. So far, then, as regards 
privateers and their prizes, the undersigned sees nothing but what he must 
approve in the draft of the proclamation referred to. 

But the declaration of Paris did not go further, and change the established 
maritime law of the world in regard to the legality of the capture of prizes 
by the regular men-of-war of the naval, forces whose fleets roam the ocean. 
Such prizes have always been deemed legitimate, and still remain so. It 
is no" application of the principles of the declaration of Paris to exclude 
such regular and lawful prizes, made by the regular vessels of one nation, 
from the ports of a friendly nation. In this respect the words, "on por 
embarcacoes annadas," at the end of article 2, appear not only to go much 
beyond the principles of the declaration referred to, but even to be most un- 
necessarily introduced into a proclamation avowedly designed for the mere 
execution and practical application of the principles of that declaration. To 
introduce them at this moment in such a proclamation would be deemed by 
the government of the United States not only as a gratuitous deviation 
from the terms of the preamble to the same proclamation, but as a deviation 
prompted by a reason which would seem to involve an indirect, if not a 
direct, reference to the present rebellion of a small portion of the United 
States. It would be understood as placing on the same level the regular 
men-of-war of the United States and the privateers of the States now in 
rebellion, so far as regards the prizes made by them. It is only with refer- 
ence to the principle involved, to the apparent inconsistency between the 
preamble and the sequence, and to the misconstruction to which it would 
be consequently- liable, that the undersigned indulges the hope and expecta- 
tion that the few words above cited may be omitted from the proposed 
proclamation, and takes occasion to say that in that form it will be perfectly 
acceptable to the government of the United States, and will add another to 
the many links of friendly relation and intercourse which already bind 
closely together the two countries. 

It' is only proper for the undersigned to notify his excellency M. d'Avila 
that information has been communicated to the government of the United 
States which authorizes the belief that some of the remote islands and colo- 
nies of this kingdom are proposed to be used by designing and reckless 
persons to engage in the nefarious enterprises referred to by the equipment 
of privateers, or the sale of prizes, if any should be taken. He knows per- 
fectly well, in advance of anj' assurance, that such lawless undertakings 
would be sternly deprecated by the government of his most faithful 
Majesty; but his excellency cannot fail to discover in this fact an urgent 



410 AJS[NUAL MESSAGE OF THE PRESIDENT. 

reason why a proclamation of such sentiments, and in the unobjectionable 
form suggested, should be immediately made. It is with this view, and to 
provide against the contingency of future, and perhaps of impending, diffi- 
culty, that the undersigned has brought the subject thus promptly to the 
notice of his excellency, and with the most friendly spirit and purpose. 

The undersigned begs leav$ to return the rough draft of the proclama- 
tion, and to repeat his assurances of respect and distinguished considera- 
tion. 

JAMES E. HARVEY. 



No. 2. 

[Translation of proposed proclamation.] 

It being convenient, under existing circumstances, to carry out the execu- 
tion of the principles contained in the declaration of Paris of 16th April, 
1856, made by the representatives of the signing parties to the treaty of 
peace of 30th March of the same year, to which my government hath ad- 
hered, I am pleased hereby, having heard the council of ministers, to decree 
the- following : 

Article 1. 

It is prohibited to Portuguese subjects and foreigners to equip in the ports 
and waters of this kingdom, not only oh the continent and adjacent islands, 
but also in the ultramarine provinces, vessels destined for privateering. 

Article 2. 

In the same points cited in the preceding article it is equally prohibited 
the entry of privateers and prizes made by .them or by armed vessels. 

§°. All cases of force, (majeure,) wherein, according to the rights of 
nations, hospitality' becomes indispensable, are excepted from this clause 
without, however, allowing, under any form, that the sale of objects arising 
from prizes shall take place. 

Let the ministers and secretaries of state of all the departments under- 
stand these presents, and cause the same to be executed. 

Palace of Necessidados, July 29, 1861. 



Mr. Seward to 3Ir. Harvey. 



No. 2. J Department of State, 

Washington, July 30, 1861. 

Sir : Your despatches No. 1, of June 30, and No. 2, of July 1, have been 
received, and are under the consideration of the President. 

Mr. Morgan's despatch No. 10, of the date of July 5, has been received. 
I am instructed by the President to say that Mr. Morgan's proceeding in ad- 
dressing the Portuguese government on the subject of allowing the fitting 
out or harboring of privateers to prey upon the commerce of the United 



ANNUAL MESSAGE OF THE PKESIDENT. 411 

States is approved, as well as the general tenor of his communication on 
that occasion. 

The President cannot for a moment allow the belief that Portugal would 
be the only or even the first power to permit proceedings so injurious to the 
United States as a license or shelter granted to pirates engaged in preying 
on their commerce would be. Nevertheless, we shall look not without some 
solicitude for the result of the matter thus initiated by Mr. Morgan. 

Please assure him, if he is yet remaining in Lisbon, of the entire satisfac- 
tion with which his conduct in the mission, so far as it has been reported to 
me, is regarded by the government. 

I am, sir, your obedient servant, 

WILLIAM n. SEWARD. 

James E. Harvey, Esq., SjV., ^c, S^g., Lisbon. 



Mr. Seivard to Mr. Harvey. 



No. 5.] Departmext of State, 

Washington, August It, 1861. 

Sir : Your despatch No. t, dated July 28, has been received. It is accom- 
panied by a copy of a note which 3'ou on the 2Tth of July addressed to M. 
d'Avila, minister for foreign affairs in the government of Portugal, on the 
subject of privateering by or in the service of the insurgents of the United 
States. Your proceeding in this respect seems to have been eminently judi- 
cious, and the note itself, I think, very well and properly expressed. 

It is hoped that you will before this time have received such a satisfactory 
reply as our good relations and treaties with the government of Portugal 
authorize us to expect. 

I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 

James E. Harvey, Esq., SfC, S^., ^-c , Lisbon. 



Mr. Seivard to Mr. Harvey. 



No. t.] Department of State, 

Washington, August 21, 1861. 

Sir : Your despatch No. 4, under the date of July 20, has been received. 
Your address to his Majesty was appropriate, and even happy. His reply 
is very gratifying to this government. 

We trust that you may find it easy to keep the relations between the two 
countries on a basis of mutual and cordial friendship. 
I am, sir, respectfully, your obedient servant, 

WILLIAM H. SEWARD. 
jAiiEs E. Harvey, Esq., ^-c., Sj-c, Sfc., Lisbon. 



412 ANNUAL MESSAGE OF THE PEESIDENT. 



3Ir. Seward to Mr. Harvey. 

No. 8.] Department of State, 

Washington, August 24, 1861. 

' Sir : Your despatch No. 8, dated July 30, has been received, and I have 
the pleasure of informing' you that the President entirely approves of your 
diligent and judicious action concerning- the proposed proclamation of the 
ji^overnmeut of Portugal. We look with much confidence for g'ood results 
from it. 

I am, sir, your obedient servant, 

WILLIAM H. SEWAED. 
James E. Harvey, Esq., S^-c, Sfc, SfC, Lisbon. 



Mr. Harvey to Mr. Seward. 



No. 13.] Legation of the TJNrrED States, 

Lisbon, August 25, 1861. 

Sir: I have the honor to enclose herewith the copy of a note from the 
foreign office, covering the copy of a proclamation in regard to privateers 
and their prizes, (Nos. 1 and 2,) in the form finally adopted by the council 
of state. This decree was published in the official paper (Diario de Lisboa) 
on the 23d instant, a copy of which has already been transmitted to the 
department. 

By referring to my despatch No. 8, it will be seen that the preamble of 
the proclamation has been modified, so as to escape the logical incon- 
sistencies which I then pointed out, in the hope of inducing the omission of 
certain phrases, which would have rendered it more acceptable. I have the 
best reason to know that the council of ministers, or cabinet, were not only 
well disposed to adopt my proposed amendment, but that they submitted the 
proclamation with the revision. 

When this fact became known to me, I urged, with every influence and 
persuasion at my command, an immediate decision, so as to insure the pro- 
mulgation before any interrupting cause or accident could intervene. But 
the King went away for a short time, and a council of state, to which the. 
proposed action of the council of ministers on important questions is pre- 
sented for examination, could not be convened. In the meantime intelligence 
from the United States of an eventful character affected opinion here, and 
gave increased weight to the objections which had been urged by the British 
minister and others against the form of proclamation which I had requested. 
A council of state was summoned upon the return of tlie King, and the 
result of their deliberations is to be found in the documents enclosed in this 
despatch. 

While I should have been greatly gratified had my amendment been 
accepted, I have the satisfaction to know that it did not fail from any want 
of zeal, energy, or effort on my part, and that the proclamation as it now 
stands is mainly predicated upon your policy, in execution of the principle 
of the treaty of Paris, and is not open to the objections urged against those 
issued by England, France, or Spain. 

I have the honor to be, sir, very respectfully, 

JAMES E. HARVEY. 

Hon. W. H. Seward, 

Secretary of State. 



ANNUAL MESSAGE OF THE PRESIDENT. 413 

Mr. d^Avila to Mr. Harvey. 
[Translation.] 

No. 1.] Department of State for Foreign Affairs, 

August 22, 1861. 

The councillor of state, Antonio Jose d'Avila, presents his most attentive 
compliments to Mr. James E. Harvey, and has the honor to remit him the 
enclosed copy of the decree of the 29th of July last, published according to 
the last form given thereto, after hearing the council of state. 

[Translation.] 

No. 2.] Ministry of Foreign Affairs. 

It being proper, in view of the circumstances at present existing in regard 
to the United States of America, to carry into effect the principles established 
in the declaration of Paris of April 16, 1856, made by the representatives of 
the powers that signed the treaty of peace of the 30th of March of that year, 
to which declaration my government acceded, and likewise, for the same reason, 
to adopt other measures which I deem opportune, I have been pleased, after 
hearing the council of state, to decree as follows: 

Article 1. 

In all the ports and waters of this kingdom, as well on the continent and 
in the adjacent islands as in the ultramarine provinces, Portuguese subjects 
and foreigners are prohibited from fitting out vessels destined for privateering. 

Article 2. 

In the same ports and waters referred to in the preceding article is, in 
like manner, prohibited the entrance of privateers and of the prizes made 
by privateers, or by armed vessels. 

§The cases of overruling necessity, {for^a maior,) in which, according to 
the law of nations, hospitality is indispensable, are excepted from this regu- 
lation, without permission, however, being allowed, in any manner, for the 
sale of any objects proceeding from prizes. 

The ministers and secretaries of state in all the departments will thus 
understand, and cause it to be executed. 
Palace of Necessidade,*;, July 29, 1861. 

KING. 
Marquez de LouLfe. 
Alberto Antonio de Moraes Carvalho. 

ViSCONDE DE Sa DA BaNDEIRA. 

Carlos Bento da Silva. 

Thiago Augusto Velloso de Horta. 

Antonio Jose d'Avila*. 



PERU. 



Mr. Seward to Mr. Robinson. 

No-. 2.] " Departmevt of State, 

Washington, November 12, 1861. 

Sir: You are appointed a minister to represent the United States near the 
republic of Peru. 

This appointment is an overture by this government, under the present 
administration, to renew the friendly relations with Peru, which had been 
suspended, on the motion of this government, when administered by the last 
President, James Buchanan. 

The Peruvian government may naturally ask and be entitled to an expla- 
nation of this change of position on the part of the United States. 

It is confessed to be unfortunate when any government has occasion to 
reverse its policy in any material respect, especially a policy of friendship 
or of hostility towards foreign nations. Inconstancy is always liable to be 
mistaken for inconsistency, and inconsistency is too often the result of 
caprice. 

Moreover, when we come to explain such a change in any case, however 
necessary it may have been, we shall still find it necessary to explain in such 
a manner as shall not cause it to be understood that the reconsideration is 
due to personal or partisan considerations indulged by the government. 

Keeping these points in view, you will be at liberty to say, in your com- 
munications with the representatives and statesmen of the country to which 
you are accredited, that the President of the United States entertains the 
opinions that the several states founded on the American continent have 
common interests arising out of their neighborhood to each other, their 
common attitudes towards states in the eastern hemisphere, and the similarity 
of their commercial, social^ and political institutions; that owing to the 
inexperience of mankind in the conduct of republican representative insti- 
tutions, and the incompleteness of assimilation in the population of these 
American states, there is always too much danger of faction at home, while 
faction at home inevitably tends to invite intrigues and intervention from 
abroad for the overthrow of the American powers with hopes of recon- 
quest from Europe. For these reasons, the President of the United States, 
without at all reflecting upon the sentiments or the action of his predecessor, 
determined, on assuming the administration of the government, to resist 
rather than to yield to influences which might tend to introduce anarchy into 
any one of the American states, or produce alienation and war between them. 
In reviewing the causes assigned by his predecessor for withdrawing our 
representative from Peru, he came to the conclusion that, although serious 
differences had arisen between the two countries, yet that there was no impera- 
tive necessity resulting from those differences for a declaration of war against 
Peru. Not being able to recommend to Congress the adoption of hostilities 
against Peru, it seemed to result that the differences between the two states 
might be accommodated by the two powers in case of renewed and pacific 
relations. 



416 ANNUAL MESSAGE OF THE PEESIDENT 

The questions in difference between the two countries will be a subject of 
special instruction in a distinct paper. I confine myself in this despatch to 
instructions for your conduct in presenting yourself at Lima. 

You will assure the government of Peru that the United States are sin- 
cere and earnest in their friendship and affection for that republic; that they 
desire its prosperity and advancement, equally for the welfare of its own 
people and the best interests of civilization; and that consistently with that 
regard for own rights, which every nation must always cherish which is 
really independent, the United States will always be found to manifest the 
most cordial sympathies with the republic of Peru, and with other sister 
states on the American continent. 

I am, sir, j'our obedient servant, 

WILLIAM H. SEWARD. 

CHRisTorHER RoBixsoN, Esq., Sfc, Sj-c, ^v. 



aUATEMALA. 



3Ir. Crosby to Mr. Seward. 
[Extract.] 

No. 1.] Legation of the United States, 

Guatemala, June 1, 1861. 
Sir: ********* 
His excellency the President of Guatemala and his ministers, as well as 
the other officers and gentlemen of the government and country, all express 
their great friendship for the government and people of the United States, 
and especially their fervent hope that the present administration might 
silccessfully suppress the disturbances in portions of the southern States, 
and maintain the Union in all its integrity. 
*** * * ***** 

I have the honor, &c., 

E. 0. CROSBY. 
Hon. \V. H. Seward, 

Secretary of State. 

Ex. Doc. 1 27 



?(ICARAGUA. 



Mr. Setcard to Mr. Dickinson. 

No. 2. J Department of State, 

Washington, June 5, 1861. 
Sir: The Spanish American states are important characters in the inter- 
esting drama of advancing- civilization. Tliey occupy a virgin domain 
eqnal to about one-eighth of the habitable part of the globe. Its fountains 
of wealth are inexhaustible. Its position secures it nearly equal advantages 
of trade and intercourse with the listless nations of the east, and with the 
vigorous nations of the west. Its ports, as well as all its transit routes are 
essential features in the commerce of the world. With the advantages of 
youth and singular exemption from foreign oppression or aggression which 
the Spani^sh American states have enjoyed for near half a century, it might 
have been expected that they would within that period have become strong- 
and influential nations. The fact, thus far, is otherwise. They are just 
strong enough to maintain independence without securing necessary fear 
or respect. With much versatility, respectable talent, high cultivation, and 
very generous aspirations, they are generally changeful and capricious. 
The very mention of a South American state suggests always the same 
inquiry: why a people so free, so virtuous, so educated, and so emulous, are 
not more secure, fortunate, and happy. Everybody wishes the Spanish 
American states well, and yet everybody loses patience with them for not 
being wiser, more constant, and more stable. Such, I imagine, is the temper 
in which ever}^ foreign state finds itself when it proposes to consider its 
relations to those republics, and especially the republics of Central America. 
I know, at least, that this has always been the temper of our best states- 
men in regard to Nicaragua. Union, or, at least, practical alliance with 
Nicaragua has always been felt by them as a necessity for the United 
States, and yet no one ever deems it prudent to counsel the establishment 
of such intimate relations. Possessing one of the continental transits most 
interesting to the United States, Nicaragua is at once jealous of foreign 
intervention to render it available, and incompetent to open and maintain 
it herself. But Nicaragua, like the other Spanish American states, has far 
better excuses for its shortcomings than it generally has credit for. That 
state became precociously mature, and it adopted our model of government 
with little of that preliminary popular education and discipline which 
seem necessary to enable any people to administer, maintain, and preserve 
free republican institutions. The policy pursued by foreign nations towards 
Nicaragua has not been liberal or generous. Great Britain, in her wars 
with Spain, early secured a position in the state very detrimental to its in- 
dependence, and used it to maintain the Indians in a condition of defiance 
against the creole population, while it did nothing, at least nothing 
effectually, to civilize the tribes whom it had taken under its protection. 
Unwilling to lend the aid necessary to the improvement of the country. 
Great Britain used its protectorate there to counteract domestic efforts and 
intervention from this government to make that improvement which wap 
necessary for the interest of Nicaragua herself, and hardly less necessary 



420 ANNUAL MESSAGE OF THE PEESIDENT. 

for all the western nations. Our own g-overnment has been scarcely loss 
capricious, at one time seeming to court the most intimate alliance, at 
another treating the new republic with neglect and indifference, and at 
another indirect)}', if not directly, consenting to the conquest and desolation 
of the country by our own citizens for the purpose of re-establishing the in- 
stitution of slavery, which it had wisely rejected. It may be doubtful 
whether Nicaragua has not until this day been a loser instead of a gainer 
by her propinquity to, and intercourse with, the United States. 

Happily this condition of things has ceased at last. Great Britain has 
discovered that her Mosquito protectorate was as useless to herself as it 
was injurious to Nicaragua, and has abandoned it. The United States no 
longer think that the}' want slavery re-established in that state, nor do they 
desire anything at the hands of its government but that it may so conduct 
its affairs as to permit and favor the opening of an inter-oceanic navigation, 
which shall be profitable to Nicaragua and equally open to the United States 
and to all other maritime nations. 

You go to Nicaragua in this fortunate conjuncture of circumstances. 
Tliere is yet another comfort attending your mission. Claims of American 
citizens upon the government of Nicaragua have long been a source of 
diplomatic irritation. A convention which provides for the settlement of 
these claims has been alread}' negotiated. It wants onl}' the consent of the 
* Senate of the United States to an amendment proposed by Nicaragu, which, 
it is believed, would not materially change the effect of the convention, and 
such consent may, therefore, be expected to be given at the approaching 
special session of Congress. 

Your instructions, therefore, will be few and very simple. Assure the repub- 
lic of Nicaragua that the President will deal with that government justly, 
fairly, and in the most friendly spirit; that he desires only its welfare and 
prosperity. Cultivate friendly dispositions there toward the United States. 
See that no partiality arises in behalf of any other foreign state to our pre- 
judice, and favor, in every way you can, the improvement of the transit 
route, seeking only such facilities for our commerce as Nicaragua can afford 
profitably to herself, and 3'ield, at the same time, to other commercial 
nations. 

Let unpleasant memories of past differences be buried, and let Nicaragua 
be encouraged to rely on the sympathy and support of the United States if 
she shall at any time come to need them. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD, 

A. B. DiCKixsox, Esq., Sfc, Sfc, ^-c. 



EGYPT. 



■ Mr. Thayer to Mr. Seward. 

No. 3.] ■ United States Consulate General, 

Alexandria, Egypt, June 29, 1861, 

Sir: I have the honor to inform you of my arrival at this port .on the 
morning of the 26th instant. The interruption of travel between Wash- 
ington and New York, consequent on the late riotous proceedings in Balti- 
more, and my illness in Europe, necessarily prevented an earlier appearance 
at my post. 

Immediate notice of my arrival, coupled with a request for an early inter 
view with the viceroy, was served on the minister of foreign affairs, who 
telegraphed accordingly to the Pacha, then sojourning at his palace in 
Benha, about one liundred and twenty miles distant A repl}^ arrived on the 
evening of the 28th instant, that his highness would visit Alexandria and 
give an official reception. The promptness of his response, and his obliging 
readiness in voluntarily foregoing the usage which lias heretofore required 
diplomatic agents, when asking an immediate interview, to present them- 
selves in whatever part of Egypt he may have happened to be, instead of his 
coming to meet them, are interpreted here as marks of special courtesy to 
the government of the United States. 

At half-past eight, according to previous arrangement, the dragoman of 
the viceroy arrived at the United States consulate with tlie state carriage, 
in which, together with our vice-consul, Mr. Johnson, I was conveyed to the 
palace built by the late Mohammed Aii on the sea-shore. We were also 
accompanied by a cavalcade of guards and janizaries attached to the other 
consulates at Alexandria. As we entered the court-yard the troops were 
drawn up in a line, with quite a fine effect, on our right, and we were greeted 
with the vigorous music of a military band. 

Passing up the steps of tlie palace, and between the numerous attendants 
and officers who stood in order on each side, I was welcomed' by the minister 
of foreign affairs, and by him presented to the viceroy, who advanced 
towards the centre of the spacious hall of reception. 1 then addressed him 
as follows : 

"Your Highness: I have the honor to present" to your highness a letter of 
credence from the President of the United States, announcing that I have 
been duly appointed to be the consul general of the United States for Egypt 
and its dependencies. 

" In tlius accrediting me as a diplomatic agent, the President desires me to 
assure your highness of his cordial friendship, and of his satisfaction in the 
continuance of those amicable relations which have so long and so happily 
subsisted between the governments of your highness and of the United 
States. 

" During my official residence it will be my pleasant duty, acting in har- 
mony with these assurances of the President, to use all honorable means to 
protect the interests of my fellow-citizens, and at the same time to foster a 
good understanding between them and the subjects of your highness. May 
these purposes receive your highness's benevolent approval." 



422 ANNUAL MESSAGE OF THE PEESIDENT. 

In accepting my credentials, his highness replied, in French, that he per- 
fectly understood and was much pleased with what I had said; that he wel- 
comed me to Egypt, and hoped that his relations with the United States 
woud be as agreeable hereafter as they had been in times past. 

The viceroy then invited me to the divan, where we sat holding a few 
minutes of informal conversation, with the usual accompaniment of pipes 
and coffee. His highness was in his most affable humor. He hoped that 
Egypt would prove agreeable to me, though I might find it very different 
from the United States. Here in Egypt, he remarked, things go on very 
smoothly. I replied, in so far as things went smoothly, 1 trusted the United 
States would be able to imitate the government of his highness. The vice- 
roy laughed, and then proceeding from gay to grave, mentioned the melan- 
choly tidings he had heard the night before of the Sultan's death. I 
responded that I lamented the sad event, but was very glad, nevertheless, 
that the viceroy was in excellent health. His highness, whose domains are 
but nominally a dependency of the Sultan's, seemed to take pleasure in this 
compliment. To the suggestion that a voyage to the United States in one 
of the excellent steam yachts of his navy might be interesting to him, the 
viceroy answered that he could not leave his country for so long a time. 
This, I assured him, was the worst disability under which his highness 
labored. The viceroy made no explicit reference to the present domestic 
disturbances in the United States, but expressed his good wishes for the 
welfare and harmony of our government. 

I was next invested witli "the sabre of honor," and returned home, escorted 
in the state carriage as before. Immediately on mj^ reception by the vice- 
roy a salvo of cannon had been fired, and at the signal, the national flags of 
all the fifteen consulates in Alexandria were raised for the day in compli- 
ment to the occasion. A horse, handsomely caparisoned, awaited me as I 
left the palace, and was led to the consulate as the gift of the viceroy. The 
uniform usage in Egypt makes this present so essential a part of a first 
official reception by the viceroy, that the refusal of it would be deemed 
ungracious, and our government, in the case of all ray predecessors, has per- 
mitted its acceptance. As the oriental custom on such occasions made it 
necessary for me to disburse a considerable sum of money in gratuities to 
the very numerous soldiers and servants of the viceroy, his gift may be 
regarded as in some degree reciprocated. The pecuniary value of the horse 
is by no means large. 

On returning to the consulate I found the military band of the viceroy 
stationed in front, who continued their complimentary services during the 
whole day. The consuls general of other nations, and the viceroy's minister 
for foreign affairs, then called upon me, appearing in full uniform ; and in 
the afternoon I returned their visits, paying my respects first to the minister. 
By the minister and by the consuls a deep and intelligent interest was 
manifested in the affairs of the United States, and warm wishes were 
expressed for the continuance of our Union. The vigor of our government, 
and the vastness, suddenness, and spontaneous character of the military 
movement of our people in the pending struggle for national integrity, seem 
to have filled them with surprise. Indeed, among all well-informed men 
here, as well as elsewhere abroad, the historic battle fields of Europe have 
paled in interest before the tremendous uprising of the great nation beyond 
the Atlantic. Thej almost forget the political complications nearer home in 
studying the military map of the United States. The book-shops of the 
principal transatlantic cities abound in maps, charts, and other publications 
illustrative of the American contest, and the United States will become to 
masses, hitherto ignorant of its geography, a ground more familiar than 



ANNUAL MESSAGE OF THE PKESIDEXT. 423 

were India and the Crimea when tlie progress of armies made their localities 
significant to the whole world. 

I Lave the honor to bo, .it, yottr obedient ^erva,,t^^^ ^ ^^^^^.^^^ 

Hon. William H. Seward, Secretary of Stale. 



Mr. Thayer to Mr. Seward. 

[Extract ] 

■v-n 4 "1 United States Consulate General, 

■-■' Alexandria, Egypt, July "^^,^^1. 

Sir- ********. 

Mr 'Haywood, secretary of the Manchester Cotton Supply Association, is 
expected here daily on a mission to Egypt and India, relative to the pros- 
pective deficiency of cotton produced by the pending conflict m the United 

States 

Mr Haywood, while here, will endeavor to induce the Egyptian govern- 
ment' to extend the cultivation of cotton. It is believed that the crop.in 
Eo-ypt could be increased tenfold if the government would tender its aid. 
Carelessness in allowing the small canals of irrigation to be obstructed is 
said to be a cause of the comparative meagreness of the average yield ot 

this important staple. „ , ■, , n e ^\ xrn^ 

This year, owing to the unusual height of the last overflow of the Nile, 
the crop promises to exceed considerably that which preceded it. in ex- 
pectation of a scarcity in England, some of the commercial houses ot Alex- 
andria are sending agents into the interior to buy up the cotton m advance 
of harvest. But so well understood is the condition of the cotton growing 
reo-ion in the United States, even by the poorest fellahs, (peasants,) that it 
is difficult to persuade them to sell on terms which heretofore they would 
have been delighted to accept. The ruling price, at the last quotations, oi 
Mako, which ranks next to Sea Island cotton, is 2t5 piastres ($13 75) per 
cantar (a quintal;) but some of the largest cotton growers insist on flT ^\), 
and are holding back for that unheard of figure. . 

The foUowino- information is derived from intelligent men whose business 
connexions in Egpyt give authority to their statements m reference to this 
important question. I also communicate some tabular statistics which are 
appended to this despatch. i x . .i, •A^^r. r.( 

The cotton crop of Egypt commences to be gathered about the middle ot 
September. There are two qualities, the Sea Island and the Mako_. 

The Sea Island cottons are divided into two kinds. The lirst is that ot 
which the seed is new, and which is sown for the first time m Egypt^ ihe 
second is that which has been sown for the second time. Ihe Sea Island, 
after the second planting, are changed into fine Mako. 

The Mako are divided into three kinds, which m commerce are called line 
quality, medium quality, and inferior quality. ^ • . i 

It is very difficult to give an exact statement of the number of quintals 
which Egypt annually produces. But, according to the official tables ot 
exports the total amount of crop is valued, on an average yearly, at trom 
four hundred and sixty thousand to five hundred and fifty thousand, divided 
as follows: 



424 



ANNUAL MESSAGE OF THE PEESIDENT. 



Quintals. 

Sea Island, 1st kind 2, 000 to 2,500 

Sea Island, 2d kind 1, 000 to 1,500 

Mako, fine 100, 000 to 140, 000 

Mako, medium 300, 000 to 380, 000 

Mako, inferior 41, 000 to 56, 000 



460, 000 to 550, 000 



The prices during the six months ending June 30, 1861, have been — 

Piastres per quintal. 

Sea Island, 1st kind 450 to 500 

Sea Island, 2d kind 320 to 390 

Mako, fine : 250 to 360 

Mako, medium 230 to 270 

Mako, inferior 180 to 230 



According to the statistics of exports, (thej^) have been as follows: 



For England. 
For Austria. . 
For France . . 

For Italy 

For Spain . . . , 
For Antwerp, 

Total . 



1859. 



Quintals. 

325, 401 

IS, 372 

98, 672 

200 



502, 643 



1860 



Quintals. 

311, 253 

41,080 

78, 302 

160 

620 



431,415 



1861, 1st six 
months. 



Quintals. 

264,876 

22, 020 

117, 656 

20 



156 



404, 728 



The tabular results of the last six months indicate that England will 
absorb a far larger proportion of Egyptian cotton than heretofore. 

As before remarked, a favorable expectation prevails respecting the new 
crop, because the waters of the Nile have now almost reached the level of 
the same period last year. But this expectation may fail, for the goodness 
of the crop depends, not solely on the overflow of the Nile, but also on the 
winds, which are more or less auspicious at the time of the efflorescence of 
tlie pods. 

Thus far the disturbances in America, which have produced various 
fluctuations in the price of cotton, have not as yet caused an increase of 
more than two dollars (40 piastres) per quintal. 

An informal application has been made to me in behalf of various Greek 
and Italian residents of xilexandria, who desire to enlist in the military 
service of the United States, if means shall be furnished to transport them 
thither. I replied that I should, while appreciating their benevolent wishes 
to our country, await instructions from my government before giving them 
any encouragement. 

The 4th of July, in Alexandria, was observed in the usual manner. The 
flags of all the fifteen consulates were raised for the day. The minister of 



ANNUAL MESSAGE OF THE PEESIDENT. 



425 



foreig-n affairs of the Egyptian government also paid me his annual visit in 
honor of the occasion, during which he expressed his wishes for the perma- 
nence of our Union, and his opinion of the hopelessness of the cause of its 
domestic enemies. He appeared quite astonished at the magnitude and 
efficiency of our military operations. 

At a dinnei", given by the vice-consul in honor of the day, which was at- 
tended by the consul general of the kingdom of Italy and othei- distinguished 

residents of the city, the occasion was enthusiastically commemorated. 
* * -^i ^ * * * * * * 

Respectfully, your obedient servant, 

WM. S. THAYER, 
U. S. Consul General for Egijpt. 
Hon, W. H. Seward, 

Secretary of State, Washington, D. C. 



Cotton exported from Egypt during the last five years, 1856-'51-'58-'59-'60. 



1856. 


1857. 


1858. 


1859. 


1860. 


Cantars, 

539,885. 


Cantars, 
490,968. 


Cantars, 
519,537. 


Cantars, 

502,645. 


Cantars, 
501,324. 


Or bags of 2 cantars 

each, 

269,943. 


Or bags of 2 cantars 

each, 

245,484. 


Or bags of 2 cantars 

each, 

259,768. 


Or bags of 2 cantars 

each, 

251,322. 


Or bags of 2 cantars 

each, 

250,662. 


Or pressed bales of 

4 cantars each, 

134,971. 


Or pressed bales of 

4 cantars each, 

122,740. 


Or pressed bales of 

4 cantars each, 

129,884. 


Or pressed bales of 

4 cantars each, 

125,661. 


Or pressed bales of 

4 cantars each, 

125,331. 


This year's crop is not yet Ivnown, it bring still growing, and will be gp.thered about the months of Sep- 
tember to December, although it is estimated to be equal to that of the preceding years. 

Ai^XANDRiA, Egypt, July 15, 1861. 



3Ir. Seward to Mr. Thayer. 

No. 3.] Department of State, 

Washington, August 13, 1861. 

Sir: I have received and have read with much interest your despatch of 
the 29th of June, (No. 3,) announcing your arrival in Egypt, and giving an 
account of your reception by the viceroy. Your remarks on that occasion, 
as well as your conduct throughout the imposing ceremonial, are approved, 
and the friendly feeling towards the United States manifested by his high- 
ness in your interview with him, and subsequently by his minister of foreign 
affairs, and by the consuls general representing other nations in Egypt, is 
very gratifying. 

I am, sir, your obedient servant, 

WM. H. SEWARD. 
William S. Thayer, Esq., 

Consul General of the United States, Alexandria, Egypt. 



YEIEZUELA. 



3Ir. Tarpin to Mr. Seward. 
[Extract.] 

No. 45.] Legation of the United States, 

Caracas, July 2t, 1861. 
gjjj .******** 

The President has promised me to issue instructions to all coraayidantes 
de puerto of the republic prohibiting admission of all vessels under that 
[the confedate] flag- into its ports, except in cases of distress. I could not 
obtain from him their complete denunciation as pirates. 

^ >;: ^- >;: Jj; :}: ^ il; * 

I have the honor, kc, 

E. A. TURPIN, 
lion. Wjx. H. Sewarp, Secretary of Slate. 



CHILI. 

31r. Bigler to Mr. Seward. 

[Extract ] 

No. 136.] Legation of the United States, 

Santiago de Chili, August 2, 1861. 

Sir: I have the honor to enclose herewith, marked A, a copy of a note by 
me addressed to liis excellency the secretary of foreign relations of Chili, 
dated July 31, 1861. 

I have the honor to remain, very respectfully, yonr obedient servant, 

JOHN BIGLER. 
Hon. William H. Seward, 

Secretary of State of the United States. 



Legation of the United States, 

Santiago de Chili, July 81, 1861. 

Sir: The undersigned, envoy extraordinary and minister plenipotentiary 
of the United States of America, has the honor to inform your excellency 
that, in consequence of the President of the so-called "Confederated States 
of America" having issued a proclamation announcing that he has been 
empowered and is prepared to issue letters of marque to all who are willing 
to enter the service of the said States as privateers, he, the undersigned, has 
been instructed by his government to be vigilant to the extent of his power 
to prevent vessels from being fitted out in the ports of Chili under the 
authority of the said "Confederated States." The government of the under- 
signed, denying the right of the States composing the so-called " Confederated 
States of America" to secede, as they have done, from the American Union, 
(ind maintaining that the people of the States which have so seceded still 
owe fealty to the Constitution and laws of the L^nited States, has determined 
to enforce obedience thereto on the part of the whole people thereof, and has 
solemnl}^ proclaimed and declared that any person who shall, " under the 
pretended authority of the Confederated States, or under any other pretence, 
molest a vessel of the United States, or the persons or cargo on board of her, 
such person will be held amenable to the laws of the United States for the 
prevention and punishment of piracy." 

Information has recently been communicated to the undersigned of such a 
character and from such sources as to induce the belief on his part that there 
are now, or have very recently been, in Chili parties endeavoring to effect a 
purchase of munitions of war to be used in fitting out privateers for the 
service of the so-called " Confederated States of America." 

Although the undersigned cannot vouch for the correctness of this infcrma- 



430 ANNUAL MESSAGE OF THE PRESIDENT. 

tion, lie can assure your excellency that he regards the same of sufficient 
importance, in viev\^ of the before-mentioned instructions of his government, 
to require him to inform your excellency thereof, and to very respectfully 
suggest to your excellency's government to adopt such measures as it may 
deem advisable to secure -vigilance on the part of the proper officials to 
prevent the fitting out of privateers in the ports of Chili with a view of com- 
mitting assaults upon the lives and property of citizens of his country 
engaged in lawful commerce. 

In conclusion, the undersigned begs to add that he has directed inquiries 
to be made at the different ports in Chili, and that he will promptly impart to 
your excellency's government any important facts relating to the object of 
this note which may hereafter come to his knowledge. . 

The undersigned avails himself of this occasion to renew to your excel- 
lency assurances of his sincere respect and high consideration. 

JOHN BIGLEE. 

His Excel'y the Secretary of Foreign Eelations 

Of the Rejyublic of Chili. 



Mr. Bigler to Mr. Seward. 
[Extract.] 



No. 138.] Legation of the United States, 

Santiago cle Chili, August 11, 1861. 

Sir: "In my despatch, No, 136, dated August 2, 1861, I had the honor to 
enclose a copy of a note by me addressed to his excellency the secretary of 
foreign relations of Chili, inviting his attention to the instructions given me 
by my government, and also to rumors which had reached me concerning 
efforts making in the city of Valparaiso to obtain munitions of war to be 
used, as was feared, in fitting out privateers, under the authority of the so- 
called ' Confederate States of America.' 

"I now have the honor to enclose herewith, marked A, a copy and transla- 
tion of his excellency's reply to my note above alluded to, and which, as it 
is exceedingly cordial, and in every respect highly satisfactory, it is hoped 
will be read with care and pleasure by you." 

I have the honor to remain, very respectfully, your obedient servant, 

JOHN BIGLEE. 
Hon. William H. Seward, 

Secretary of State of the United States. 



A. 

Mr. Varas to Mr. Seward. 
[Translation.] 



L. s.] Santiago, August 7, 1861. 

Sir : I have had the honor of reading the note dated the 31st ultimo, 
which your excellency was pleased to address me. In it your excellency 



ANNUAL MESSAGE OF THE PRESIDENT. 431 

informs me that you have received instructions from your government to 
endeavor to impede, as far as your powers will permit, that in the ports of 
Chili privateers be armed for the service of the States which have recently 
declined to recognize the authority of the government of the Union, and 
have constituted themselves under a de facto government, with the title of 
Confederated States of America — instructions given to your excellency in 
consequence of a recent proclamation of the President of these States, 
wherein he announces that he is empowered and prepared to issue letters of 
marque. 

At the same time your excellency informs me that you have recently 
received information inducing you to believe that there are at present, or 
recently have been, in Chili, persons endeavoring to purchase munitions of 
war, in order to employ the same in arming privateers for the service of 
the said Confederated States of America; and in view of this informatioir 
your excellency signifies to me a desire that my government adopt such 
measures as it may deem expedient, in order to prevent the fitting out of 
such privateers in the ports of the republic. 

I must assure your excellency, in reply, that my government, complying 
Avith the duties which it owes to a friendly state, is disposed to prevent 
preparations of warlike character, or any other operations hostile to the 
United States, from being eflected in any port whatever of the territory of 
the republic ; and that consequently the necessary orders will be given to 
the respective authorities to keep especial watch in this particular. How- 
ever, as far as regards privateering expeditions which may prepare or arm 
themselves on the coasts of Chili, it might happen in many cases that the 
zeal and vigilance of the authorities might prove inefficacious to discover 
them ; so that it is to be desired that whatever news your excellency might 
obtain on the subject, you would have the kindness to transmit the same to 
me, in order that I might, in view thereof, issue the most opportune instruc- 
tions to frustrate the carrying out of such expeditions. 

In the mean time will your excellency be pleased to accept the assurances 
of my distinguished consideration, with which I remain your excellency's 
most obedient servant, 

ANTONIO VAKAS. 

The ExvoY Extkaordixary and Minister Plenipotentiary 

Of the United States of .North America. 



Mr. Bigler to 3Ir. Seward. 
[Extract.] 



No. 139.] Legation of the United States, 

Santiago de Chili, September 2, 1861, 
"Herewith I have the honor to enclose, marked A, a copy of a communi- 
cation by me addressed to his excellency the secretary of foreign relations 
of this republic, under date of August 21, 1861, in acknowledgment of a 
note from his excellency, dated August 7, 1861, upon the subject of the 
suppression of rumored privateering expeditions, which lote formed enclo- 
sure A in my despatch No. 138." 

****** 

I have the honor to remain, very respectfully, your obedient servant, 

JOHN BIGLER. 



432 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Bigler to Mr. Varas. 

Legation of the United States, 
*" Santiago de Chili, August 21, 1861. 

Sir: The undersigned, envoy extraordinary and minister plenipotentiary 
of the United States of America, has the honor to acknowledge the receipt 
of your excellency's note, dated Aug'ust 1, 1861, in reply to his note of the 
81st ultimo, wherein your excellency is pleased to give assurances that the 
necessary orders will be transmitted to the respective authorities to prevent 
the making of preparations of war, or any other operations hostile to the 
United States, within the territory of the republic, and requesting the 
undersigned to transmit to your excellency any information which he maj' 
obtain of contemplated privateering operations, in order to facilitate the 
frustration of the objects of such expeditions. 

The undersigned, in acknowledging the receipt of these eminently satis- 
factory assurances, which he most cordially appreciates, as will also his 
government, desires to state that any information upon the subject, of a 
definite character, which he may receive, will be immediately communicated 
to your excellency's government. 

The undersigned avails himself of this occasion to renew to your excel- 
lency the earnest assurances of his distinguished consideration and respect, 

JOHN BIGLER. 

His Excellency the Secretary of Foreign Relations 

Of the Republic of Chili. 



HAWAIIAN ISLANDS. 



3Ir. IXi^r to Mr. Seward. 
[Extract.] 

No. 4.] Legation of the United States at the Haavaiian Islands, 

Honolulu, September 5, 1861 
****** 

I have not been able yet to obtain from the Hawaiian government such 
a proclamation as I desired upon the subject of privateering-, or the permis- 
sion to enter the ports of this kingdom of any suspicious vessels. 

The King and a portion of his counsellors are sojourning on the island 
of Hawaii during the summer months. Copies of the President's proclama- 
tion in relation to blockade of southern ports, together with the despatches 
from the Department of State accompanying them, have been furnished to 
the minister of foreign relations, since which I have had several interviews 
with that minister relative to the policy of this government towards priva- 
teering, and the occupancy of their ports by privateering vessels or prizes 
which might be captured by them. 

****** 



No. l.J • Legation op the United States at the Hawaiian Islands, 

Honolulu, July 24, 1861. 

Sir: I have the honor to enclose herewith copies of two despatches from 
the Hon. William H. Seward, Secretary of State of the United States, and 
of two proclamations (April 19 and April 27, 1861) issued by his excel- 
lency Abraham Lincoln, President of the United States, announcing the 
blockade of the ports of several of the southern States, and making known 
that all persons acting under the pretended authority of the aforesaid 
southern States, or tinder any pretence whatever, who shall molest vessels of 
the United States or their cargoes, shall be considered and dealt with as 
pirates. 

You will observe, by a perusal of the copj' of Mr. Seward's despatch to 
me of the 20th April, 1861, that I am instructed to be vigilant in preventing 
aggressions upon American commerce by vessels or persons acting under 
the pretended authority mentioned. 

To this end I would respectfully call your attention to the fact that the 
American clipper ship Bald Eagle, bound from San Francisco to China, with 
a large amount of treasure on board, having been chased, on her passage to 
this group, by a suspicious vessel, and to oflScially inquire of you what 
course his Hawaiian Alajesty's government intends to pursue with regard 
to vessels of this description found frequenting the King's waters, or touch- 
ing for supplies or repairs at any of the ports in his Majesty's dominions. 

I have the honor to be, with great respect, your obedient servant, 

THOMAS J. DRYER. 

His Excellency R. C. Wyllie, 

His Haivaiian 31ajesty's Minister of Foreign Affairs, SfC., S^., S^o. 

Ex. Doc. 1 28 



434 ANNUAL MESSAGE OF THE PRESIDENT. 

No. 1.] Department of Foreign' Affairs, 

City of Honolulu, Juhj 27, 1861. 

Sir: I have the lioiior to acknowledg-e the receipt of your despatch of the 
24th instant, with its four enclosures, which j^ou did me the great favor of 
delivering personally, along with verbal explanations, for which I beg to 
thank j'ou in the name of the King's government. 

By your despatch and its enclosures I am informed that the honorable 
Secretary of State, William H. Seward, apprehensive lest, " under the pre- 
tended authority of the so-called Confederate States of America," privateers 
might be fitted out in the ports of this kingdom for the purpose of aggres- 
sion on the commerce of the United States, instructed you, on the 20th of 
April last, to be vigilant in preventing any such unlawful purpose; to make 
known to the proper authorities of this government the proclamations issued 
by the President; impart to them all facts upon the subject which might 
come to your knowledge; and to ascertain from the King's government, 
officially, what course they intended to pursue with regard to vessels of that 
description frequenting the King's waters, or touching for supplies or re- 
pairs at any of the ports in his Majesty's dominions; all which instructions 
you carried out very fully, and with great courtesy, in your precited 
despatch, and in the facts, no less important to the United States than to 
this kingdom, which you were pleased to impart to me verbally on the occa- 
sion of its delivery. 

In reply, I have the honor to refer you to the proclamation of the late 
King of 16th May, 1854, asserting his neutral rights within the whole ex- 
tent of his jurisdiction, declaring all captures and seizures made within 
that jurisdiction to be unlawful, and prohibiting his subjects from engaging, 
■either directly or indirectly, in privateering, under the penalty of being 
treated and punished as pirates; to the resolution of his late Majesty, in 
privy council of 15th June, 1854, prohibiting the sale of prizes within his 
jurisdiction, and to the resolution of his late Majesty, in privy council of 
the nth ,Tuly of the same year, prohibiting all privateers, and prizes 
made by them, from entering the ports of this kingdom, unless in such 
•circumstances of distress that their exclusion would involve a sacrifice 
of life, and then only under special permission of the King, after proof to 
his Majesty's satisfaction of such circumstances of distress; copies of all 
which you will find in your archives, for they were duly passed at the time 
to the Hon. David L. Gregg for his own and the information of his gov- 
ernment. 

f have the honor to enclose copy of the reply of the honorable judges of 
the supreme court, d^ated 3'esterday, ift reply to my letters to them of the 
5th, 10th, 13th, and 24th "^instant, from which you will see that, in their 
opinion, the said proclamation and resolutions are in accordance with the 
rights of the King, and with his Majesty's duties as a neutral sovereign to 
the United States ; and that under the same neither can privateers be fitted 
-out in the ports of this kingdom, nor can its ports be used as a depot for 
the spoils or the prisoners made by privateers. 

Therefore it only remains for me to make known to the King, who is at 
Kailua, your despatch and its enclosures, also the opinion of his Majesty's 
judges of the supreme court, and to suggest to his Majesty that he be pleased 
to issue a proclamation revalidating the aforesaid proclamation and resolu- 
tions, with an order that copies of such proclamation be published in the 
Polynesian, and served immediately by the pilots or harbor master upon 
any belligerent vessel that may appear in his Majesty's waters, until the 
conclusion of the civil war now unhappily devastating the United States. 
Yon can assure the honorable Secretary of State of your government that 



ANNUAL MESSAGE OF THE PRESIDENT. 435 

the King, knowing well his obligations and responsibilities to the United 
States under the law of nations and the existing treaty, will neglect no 
means to fulfil them to the utmost extent of his power ; but destitute as you 
know him to be of either army, navy, or forts, that power is only moral, and 
if armed vessels should enter his waters, disregarding alike his neutral 
rights and the law of nations, captures might be made within his jurisdic- 
tion contrary to his proclamation, and in spite of all the efibrts that he could 
make to prevent them. 

Therefore I repeat what I had the honor to state to you verbally, that in 
a port where many millions of value in American whaleships, oil and bone, 
and in merchant vessels, are often to be found, and which might be captured 
or burnt by one strong privateer, in defiance of all the King's forces, it is of 
urgent necessity that Honolulu should not be left without the presence of a 
vessel-of-war of the United States of suflicient power to deter any such pri- 
vateer from committing aggressions on the ships or property of the citizens 
of the United States within the King's jurisdiction. I was happy to under- 
stand from you that 3'ou had not neglected to make such a recommendation 
to your government. 

In conclusion, let me assure you that in this and every other international 
matter it will afford me the utmost pleasure to confer and concert with you 
with all that frankness and confidence that, according to Martens and other 
publicists, ought to exist between a foreign representative and the minister 
of foreign affairs of the country to which he is accredited and sent; but 
more especially be assured of the high respect and very distinguished con- 
sideration with which I have the honor to be, sir, your most obedient, hum- 
ble servant, 

R. C. WYLLIE. 

Hon. Thomas J. Dryer, ComW of the United States to the Haioaiian Islands. 



CouRT-HousE, 
Honolulu, July 26, 1861. 

Sir: I have the honor to receive your communications of the 1st, 10th, 
13th, and 25th instant, and their enclosures. The justices of the supreme 
court have examined the proclamation issued by her Britannic Majesty the 
Queen, and also the proclamation issued by the President of the United 
States, issued in consequence of hostilities having arisen between the gov- 
ernment of the United States and certain States styling themselves the 
Confederate States of America, together with the communication of the 
Secretary of State, Mr. Seward, and the commissioner of the United States 
at this court accompanying them. 

Mr. Seward is apprehensive that efforts ma}^ be made to fit out privateers 
in our ports for the purpose of aggression on American commerce. To per- 
mit it would unquestionably be a breach of neutrality and in derogation of 
our duty; neither can our ports be used as a depot for tlie spoils or the 
prisoners of pi'ivateers. 

We have also examined the proclamation issued in 1854 by his Majesty 
the King, proclaiming neutrality in the war then pending between the 
great maritime powers of Europe, and the resolutions of the privy council 
which accompanied it, and we are of opinion that similar declarations at 
this time will be in accordance with our rights and duties as neutrals. 

I beg to return to you the enclosures which accompanied your communi- 
cations. 

I have the honor to be, sir, your most obedient servants, 

ELISHA H. ALLEN. 
G. M. ROBERTSON 

His Excellency R. C. Wyllie, Minister of Foreign Affairs. 



436 ANNUAL MESSAGE OF THE PEESIDENT. 



3Ir. Dryer to Mr. Seward. 

No. 5.] Legation of the United States at the Hawaiian Islands, 

Honolulu, September 7, 1861. 

Sir: Since my despatch of the 5th September was closed and mailed, Mr. 
Wyllie has sent to this legation another draft of a proclamation of the King 
in relation to privateering, &c., &c. This is an improvement on the former 
one sent to me, and which I returned. 

I have only time to make a copy, which please find enclosed, and which I 
send for the information of the government at Washington. 
1 am, sir, with great respect, your obedient servant, 

THOMAS J. DRYER. 
Hon. Wm. H. Seward, 

Secretary of State, Washington. 



Froclamation of Kamehameha IV, King of the Hawaiian Islands. 

Be it known to all whom it may concern, that we, Kamehameha IV, 
King of the Hawaiian Islands, having been officially notified that hostilities 
are now unhappily pending between the government of the United States 
and certain States thereof, styling themselves " The Confederate States of 
America," hereby proclaim our neutrality between said contending parties. 

That our neutrality is to be respected to the full extent of our jurisdic- 
tion, and that all captures and seizures made within the same are unlawful, 
and in violation of our rights as a sovereign. 

And be it further known that we hereby strictly prohibit all our subjects, 
and all who reside or may be within our jurisdiction, from engaging, either 
directly or indirectly, in privateering against the shipping or commerce of 
either of the contending parties, or of rendering any aid to such enterprises 
whatever; and all persons so offending will be liable to the penalties imposed 
by the laws of nations, as well as by the laws of said States, and they will 
in nowise obtain any protection from us as against any penal consequences 
which they may incur. 

Be it further known that no adjudication of prizes will be entertained 
within our jurisdiction, nor will the sale of goods or other property belonging 
to prizes be allowed. 

Be it further known that the rights of asylum are not extended to the 
privateers or their prizes of either of the contending parties, excepting only 
in cases of distress or of compulsory delay by stress of weather or dangers 
of the sea, or in such cases as may be regulated by treaty stipulation. 

Given at our marine residence of Kailua this 26th day of August, A. D. 
1861, and the seventh of our reign. 

KAMEHAMEHA. 

By the King. 

KAAHUMANU. 
By the King and Kuhina Nui. 

R. C. WYLLIE. 



JAPAN. 



Mr. Harris to Mr. Seward. 

No. 28.] Legation of the United States in Japan, 

Yedo, July 9, 1861. 

Sir: It is my unpleasant duty to inform you that a daring and murderous 
attuck was made on the British legation in this city on the night of the 5th 
instant. 

Mr. Alcock providentially escaped uninjured, but Mr. Oliphant, secretary 
of legation, and Mr. Morrison, consul for Nagasaki, were wounded. Four of 
the assailants were killed, and two wounded were made prisoners. Of the 
Japanese defenders of Mr. Alcock three wer.e killed and fifteen wounded. 

For full details of this bloody affair I beg to refer you to the following 
enclosures: 

No. 1, Mr. Alcock to Mr. Harris, July 6. 

No. 2, Mr. Harris to the ministers for foreign affairs, July 8. 

No. 3, Mr. Harris to Mr. Alcock, July 8. 

No. 4, Mr. Alcock to Mr. Harris, July 8. 

The Japanese were evidently taken by surprise, but they soon recovered 
from it and fought with great bravery, and at last beat off the assailants. 

This is the first instance in which a blow has been struck in defence of a 
foreigner in this country, and may be considered as proof of the desire of 
this government to give us protection. 

I consider the present as a crisis in the foreign affairs of Japan, for if the 
government is too weak to punish the instigators, and agents of this nefari- 
ous affair, it may be believed that it will lead to some very decided action 
on the part of the English government, for the outrage was too great to be 
overlooked. 

There is a party in this country who are opposed to the presence of any 
foreigners in Japan, and, in addition to this, there is a very strong dislike 
to the English in particular, which feeling seems to attach especially to Mr. 
Alcock. He was absent from this city for some three months, during which 
time the utmost quiet prevailed; yet within thirty-six hours after his return 
the attack in question was made on him. 

I am happy to say that these prejudices do not extend to our citizens in 
this country, and I think that I am personally popular among all classes of 
the Japanese. Yet it must not be concealed from you that I am, in common 
with my colleagues, subject to the same unpopularity that attaches to the 
presence of all foreigners in Japan 

I have requested the ministers for foreign affairs to give me an interview 
on the 11th instant, and I shall then endeavor to place before them, in a 
forcible manner, the great danger that will arise from any want of firm action 
on their part at this juncture. 

I have the honor to be, very respectfully, your obedient servant, 

TOWNSEND HARRIS, 

Minister Resident. 

Hon. William H. Sewabd, 

Secretary of Stale, Washington. 



438 ANNUAL MESSAGE OF THE PRESIDENT. 



Mr. Alcock to Mr. Harris. 

Her Majesty's Legation, 

Yedo, July 6, 1861. 

Sir : Last night between eleven and twelve o'clock the British legation 
was suddenly attacked, and an entrance effected at several points simulta- 
neously by armed bands of Japanese, said to be Loonins, and by others, 
Prince of Mito's men. Two of the members of the establishment, Mr. Oli- 
phant and Mr. Morrison, were met in a passage and both wounded ; the 
first, I am sorry to say, very severely, when a momentary diverson was 
effected by a shot from Mr. Morrison's revolver, which appears to have taken 
effect. A few minutes later the same or another division of the assassins 
sought to effect an entrance .to the apartments occupied by myself, by 
J3reaking through and hacking in pieces some glass doors opening into 
another suite, having mistaken their way. To this alone, under Providence, 
we probably owe our lives, for several minutes were thus lost to them ; at 
the end of which the Yaconins or Dainios guards appeared to have come to 
the spot, and the assailants were finally driven out of the house, after hav- 
ing penetrated into nearly every room except my own, leaving traces of 
their presence by slashing at all the beds and furniture. Marks of blood- 
were found in various directions, and a prolonged conflict took place out- 
side, in the avenue and approaches to the legation, with the officers and 
men on service. 

Such a deed of atrocity, perpetrated in the capital of a government to 
which foreign representatives are accredited by the western powers, needs 
no comment. I only feel it a duty to communicate to my colleagues the 
facts for their guidance and information, and to acquaint them that, as a 
temporary measure, I have ordered up her Majesty's ship " Ringdove," and 
caused a guard of men to be landed. What measures it may be expedient 
to adopt for future security of this and the other legations in Yedo, and the 
maintenance of those international rights and immunities so grievously 
attacked, becomes a serious consideration, and one the pressing importance 
of which cannot well be overlooked. But on this part of the subject I shall 
be glad to enter into further communication with you and the rest of my col- 
leagues, should you feel disposed to favor me with your views. 

I have the honor to be, sir, your most obedient humble servant, 

RUTHERFORD ALCOCK, 
Her Britannic Majesty's Envoy Extraordinary and Minister 

Plenipotentiary in Japan. 

TowNSEND Harris, Esq., 

Reddent Minister of the United States in Japan. 



Mr. T. Harris to the Ministers for Foreign Affairs of Japan. 

No. 10.] Legation of the United States in Japan, 

Yedo, July 8, 1861, 

I am informed by Mr. Alcock, the British envoy, that an attempt was 
made on the night of the 5th instant to assassinate him and the persons 
attached to the British legation in this city. I am further informed that the 
house was broken into at the same moment of time in three different places ; 



ANNUAL MESSAGE OF THE PRESIDENT. 439 

and that, during the contest, two persons in her Britannic Majesty's service 
were wounded. 

This makes the seventh attack on foreigners within the period of two 
3'ears ; and in five of the attempts murder was committed. Up to this day 
not one person has been punished for these atrocious crimes. You have 
frequently assured me that you were making constant efforts to arrest these 
criminals, but that you were unable to discover them. 

In the present case evidence is in your possession to enable you to arrest 
the persons concerned in the last atrocious attempt at murder, for you have 
made a prisoner of one of the men, and you have a pocket-book found on 
the ground which contains a list of the names of fourteen of the party ; and 
these two sources of evidence will enable you to arrest and bring to condign 
punishment the whole of the gang. I feel it my duty to say to you that, in 
my opinion, your failure to arrest and punish the perpetrators of previous 
criminal acts has encouraged the present horrible attempt to take the life of 
Mr. Alcock. 

I have given you too many evidences of my friendship for you to doubt 
my good will ; and as your friend, who earnestly wishes to see Japan peace- 
ful, prosperous, and happy, I now say to you, that if you do not promptly 
arrest and punish the authors of this last deed of blood, that the most lam- 
entable consequences to your country will inevitably ensue ; for if you do 
not punish these men, it will show that you do not wish to do so. I urge 
you earnestly to consider this friendly and serious warning. 

I propose to have an interview with you in a few days, at which time I 
will enter more largel}' into details than I can do in a letter. 

Stated with respect and courtesy. 

TOWNSEND HARRIS, 
Minister Resident of the United States in Japan. 

Their Excellencies Kudsi Yamato Nokami and Ando Fusima Nokami, 

Ministers for Foreign Affairs, Sfc, SfO., SfC, Yedo. 



Mr Harris to Mr. Alcock. 



No. 71.] Legatiox of the United States ix Japan, 

Yedo, July 8, 1861.^ 

Sir : I have the honor to acknowledge the receipt of your letter of the 6th 
instant, giving me the particulars of an attack made the previous night, by 
a band of Japanese assassins, on her Britannic Majesty's legation, and inform- 
ing me that Mr. Oliphant, secretary of her Britannic Majesty's legation, and 
Mr. Morrison, consul for Nagasaki, were wounded in the melee which ensued, 
and adding the gratifying intelligence that you had, providentially, escaped 
any bodily injury. 

I cannot conceal from you the horror and indignation which the atrocious 
attempt on your life excites in my mind, exceeding, as it does, in the bold- 
ness of its design and in the extent of its intended slaughter, all previous 
essays of the kind. 

In the nineteen months that followed the residence of the foreign represen- 
tatives in this city, six distinct outrages were perpetrated on the persons of 
foreigners. Yet, up to this day, not one of the persons engaged in those crim- 
inal acts has been made to answer for his crime. The Japanese ministers 
have reiterated the assurance of their anxious desire to arrest and punish the 



440 ANNUAL MESSAGE OF THE PRESIDENT. 

offenders in question, but have declared their inability to identify them. In 
the present case no such plea can be set up, for two of your assailants are 
prisoners, and a pocket-book found on the ground near your legation contains 
a list of fourteen of the gang. With tliese two sources of information in 
their possession, there cannot be any difficulty in ascertaining the names of 
the whole band, and their consequent arrest and punishment. 

Should this government fail in its duty in the present case, it will be 
almost conclusive that it is either unable or unwilling to give us that pro- 
tection which the punishment of crime would secure by the repression of 
criminal designs, and it will then become a matter of serious consideration 
what line of conduct should be adopted to secure to us those rights which 
we have guaranteed to us by our solemn treaty stipulations. 

I have addressed a letter to the Japanese ministers for foreign affairs in the 
sense of the foregoing, and I have pointedly shown them that any failure 
on their part at the present crisis will greatly endanger the peace of their 
country. 

I propose to have an interview with the ministers in this behalf, when I 
intend to urge upon them the necessity that exists for their action in this 
matter. 

In this connexion I beg to say that if you intend to have an interview 
with the ministers shortly, I will defer mine until after yours has taken 
place. 

I renew to you my cordial congratulations on your truly providential 
escape from a daring and almost successful attempt on your life. 

I have the honor to be, sir, your most obedient humble servant, 

TOWNSEND HARRIS, 
Minister resident of the United States in Japan. 

Rutherford Alcock, Esq., C. B., 

Her Britannic Majesty's Envoy Exfy and Minister Plenty in Yedo. 



Mr. Alcock to Mr. Harris. 



No. 3*7.] Her Majesty's Legation, 

Yedo, July 8, 1861. 

Sir : I have to thank you for the congratulations of escape from the assas- 
sins, conveyed in your letter of this date, and the expression of your views 
upon the present conjuncture, in which I am glad to say there is a general 
accordance with my own. 

If there be any divergence, it is in the absence of all hope on my part that 
the Japanese government will behave otherwise on this than on every for- 
mer occasion of tlie like nature. They have shown great supineness and 
indifference hitherto, and appear wholly unconscious of the gravity of the 
circumstances and the atrocious nature of the outrage offered to the flag. 

I had proposed seeing the ministers to-morrow, but since the event of the 
5th I have thought it better to wait an answer to a letter which I addressed 
them, urging them to give such full satisfaction as should relieve them of all 
charge of complicity or indifference. 

I expect Admiral Hope here also in a few days, which may further induce 
me to postpone an interview. If you wish to see the ministers, therefore, I 
beg I may not be a cause of delay. 

I have the honor to be, sir, your most obedient humble servant, 

RUTHERFORD ALCOCK, 
Her Britannic Majesty'' s Envoy Exfy and Minister Plenfy in Japan. 

TowNSEND Harris, Esq., S^c, S^c, SfC., 

United States Legation, Yedo. 



ANNUAL MESSAGE OF THE PEESIDENT. 441 



Mr. Seward to IVEr. Harris. 

No. 23.] Department of State, 

Washington, October 21, 1861. 

Sir: Your despatch of the 9th of July (No. 28) has been received. 

The assaults committed upon the minister of Great Britain and the other 
members of that legation, in violation of express treaty, of the laws of na- 
tions, and of the principles of common humanity, have excited a deep con- 
cern on the part of the President. 

Your prompt, earnest, and decided proceedings in aid of the just desire of 
her Britannic Majesty's minister to obtain adequate satisfaction for that out- 
rage meet his emphatic approval. I have lost no time in assuring the British 
government directly of the willingness of the United States to co-operate 
with it in any judicious measure it may suggest to insure safety hereafter to 
diplomatic and consular xepresentatives of the western powers in Japan, 
with due respect to the sovereignties in whose behalf their exposure to such 
grave perils is incurred. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

TowNSEND Harris, Esq., SfC., S^c, SfC., Yedo. 



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